Edinburgh crime news: Sisters horrified after finding out their Victim Impact Statement was not given to the court during sex abuse trial

Women who brought their abuser to court were horrified to find out, after sentencing, that their Victim Impact Statement was not actually provided to the court.

Warning: The following content may be distressing to read.

Eileen Martin and her sister were sexually abused by their teenage uncle when they were young children. In the summer of 2019, 40 years later, they approached the police and formally report the crime. After waiting three years for the trial, Eileen spoke candidly about the problems victims faced when seeking justice.

This week, after a meeting with the Procurator Fiscal Office about her complaints, she found out that due to a miscommunication, the Victim Impact Statements had not been given to the court.

"I don’t think I can ever move on from this"

Eileen explained: “My victim impact statement was not really about my trauma but because of the terrible way we were treated throughout the case.

"I wanted to let them know I was a good person forgiving and I hoped that the accused would accept his guilt. The fact that no one even read it after the terrible outcome just hurt more. I feel like a fool.”

She added that her mental health was declining since the trial. "I’m putting on a brave face but I just feel like nothing – just as I did as a child.

Edinburgh crime news: Sisters horrified after finding our their Victim Impact Statement was not given to the court during sex abuse trial

"I don’t think I can ever move on from this and that’s all I wanted to do. I have given up all medical help as I have lost trust and faith in every authority.”

"Trying to contact people and get answers is proving difficult and taking time I should be spending caring for my son. I feel as if I’m a bad person.”

Their uncle, Reginald Maxwell, received a community sentence after being found guilty of two charges of sexual abuse. When talking about the trial, Eileen described it as “f**k up after f**k up”.

“It’s not the fact that he didn’t get jail, it was the way we were treated. Like they didn’t remember we were the victims here. This is my life.”

Edinburgh crime news: Sisters horrified after finding our their Victim Impact Statement was not given to the court during sex abuse trial

What is a Victim Impact Statement?

Kate Wallace, Chief Executive at Victim Support Scotland said: “A victim impact statement allows people who have been affected by crime to let the court know, in their own words, how this has affected them physically, emotionally and financially.

"Many victims of crime have told us that they find the process of writing the statement helps them with the process of coming to terms with what they have experienced.

"The victim impact statement allows the court to read and understand the real life consequences of the crime and it puts the focus back onto the person who has endured it.

Edinburgh crime news: Sisters horrified after finding our their Victim Impact Statement was not given to the court during sex abuse trial

"Me and my sister didn’t matter then and we don’t matter now.”

Eileen’s sister, who didn't want to be named, said that she took a few weeks to write her Victim Impact Statement. It wasn’t something she wanted to rush, but it was important to her that the judge knew just how much the crime affected her.

She continued that she now felt they were "once again robbed of our human right to be treated fairly. I will never know if the judge would have given him a more serious punishment if he had read my statement.

"Once again let down...just feel that me and my sister didn’t matter then and we don’t matter now. I was very, very upset and was crying in that room on Thursday when I was told about it.

"Still feel upset about it and their apology won’t make me feel better. I feel robbed. I hope the justice system is happy with themselves once again letting victims down and inflicting more pain on them.”

Statement from the Crown Office and Procurator Fiscal Service

A spokesperson for the Crown Office and Procurator Fiscal Service said: “We have maintained contact with Eileen Martin following the conclusion of this trial.

“The failure to provide the court with the Victim Impact Statement was a regrettable mistake and we apologised for that in a meeting with her.

“We are looking at our procedures to make sure we minimise the potential for this to happen again.”

Victim Support Scotland

Kate Wallace, from Victim Support Scotland said: “It is important the voices of those who experience crime are heard and we believe a number of improvements could be made to the scheme such as allowing statements to made by video and online.

"Crucially, we would like assurances that victim impact statements are given serious consideration by judges and sheriffs when making their decision on sentencing.

”Victim Support Scotland provides support and information to people affected by crime and campaigns for victim and witness rights.”

The High Court in Edinburgh convicted Reginald Maxwell of two charges of sexual abuse of two girls, with the offences happening between 1977 and 1980.

On sentencing, Lord Boyd made the following statement in Court: “Reginald Maxwell, you have been convicted of two charges of sexual abuse of two girls.

"The offences happened between 1977 and 1980. The age range of your victims was between 6 and 10 years old. You were aged between 12 and 15 years of age.”

He was given a probation order was made with a supervision requirement for a period of three years and a work requirement of 240 hours.

Further conditions were imposed for the protection of the complainers and to address problems of addiction.

Rape Crisis Scotland: 08088 01 03 02

Samaritans: 116 123

Victim Support Scotland: 0800 160 1985