What is a Victim Impact Statement?
The victim of a crime has a right to submit an oral or written impact statement to the judge, prior to the sentencing of the offender. Due to many cases being resolved by a plea agreement, the Victim Impact Statement may be the only opportunity to express to the judge how the crime has affected you. Only you, the victim, knows how to best describe the impact the crime has had on you and those close to you.
The victim impact statement is an important part of the presentence report. The probation officer writing the report will contact the victim for his or her statement. This statement lets the victim tell the judge about the physical, mental, and emotional injury he or she suffered. The victim may ask for restitution and for conditions of probation to help protect the victim and his or her family. The victim may give an oral statement to the presentence investigator, or send a written statement via the Probation Officer to the judge. The victim the right to speak at sentencing in addition to making these other statements. The victim also has the right to bring a victim advocate or send one to speak for them if they are not able.
A victim impact statement describes the harm done to, or loss suffered by, the victim as the result of the offence for which an accused person has been charged. The statement summarizes the physical, emotional, and financial effects of the crime upon the victim. If you are a victim of a crime for which a person has been charged, you have a right to prepare a victim impact statement. Before sentencing an offender, the judge may ask you, a person representing you, or the Crown Attorney whether you have had the opportunity to prepare a victim impact statement. Victim impact statements are voluntary. It is your decision whether to prepare one or not. The purpose of a victim impact statement is for use at sentencing. It provides an opportunity for you to participate in the sentencing process. Victim impact statements: • are written in your own words • refer only to the offence(s) for which the accused person has been charged • state only the effects of the crime on you, not what happened •
