Convicted offenders have the right to seek post-conviction relief when it is applicable. But these rights don’t negate the victims’ rights. It’s very important that offenders take care not to trample on the victims’ or survivors’ rights as they seek the relief that’s legally available to them.
Not only will doing so not impress the court, but the optics are bad in general to attack these victims. In fact, it could be construed quite negatively by those whose impressions matter.
How to approach this relief and minimize damages
Courts frown on offenders who try to lessen the effects of their conviction on the victim(s). Remember, from a victim’s point of view, the offender is the cause of their suffering. You can still seek relief after conviction without trashing the victim or appearing blind to the damage they endured.
Victims have the right to oppose these forms of offender relief. Typically, they issue victim impact statements that are available for review during each step of the post-conviction relief process. But some victims may exercise their right to speak to the judge as well. It’s important to be prepared for this.
Professionals understand how to approach sensitive topics
It’s never a good idea to retraumatize victims. Legal professionals know how to tweak their language to avoid doing just that while still protecting their clients’ rights to all the relief they are due. Even if you and the victim have wildly disparate accounts of the actions that led to the conviction, it’s vital to be mindful of their role in these events.