What is a Victim Impact Statement?

A victim impact statement is a personal account that describes how a crime has affected you, your family, or friends. These statements can be submitted for any crime, such as DUI accidents, and are often presented to a judge at or before sentencing. While optional, writing a victim impact statement is a legal right that victims can choose to exercise. It provides victims with an opportunity to express their experiences and share the emotional, physical, and financial toll caused by the crime. This can be a powerful tool in the judicial process, offering the court a more complete understanding of the crime’s impact.

Why Write a Victim Impact Statement?

Writing a victim impact statement can be a therapeutic and empowering process. Here are some reasons to consider drafting one:

• Share your story: Your statement allows the judge to hear your perspective, which is often overlooked during the criminal justice process.
• Personal impact: It gives you the opportunity to address the offender and the court directly, helping you articulate how the crime has affected your life.
• Humanize the victim: Your words can help put a face to the victim, ensuring your experiences are acknowledged during the sentencing process.

Though optional, submitting a victim impact statement can be a powerful way to contribute to the judicial process and aid in your emotional recovery.

How to Write a Victim Impact Statement

Before drafting your statement, take some time to reflect on the key aspects of how the crime has impacted you. Here are some questions to guide you:

• How has the crime emotionally affected you?
• In what ways has it changed your ability to relate to others?
• What specific physical or emotional injuries have you suffered?
• What financial burdens have arisen due to the crime, such as medical bills or lost wages?
• How has the crime altered your daily life or the lives of your loved ones?

For friends or family members writing on behalf of the victim, consider sharing details about who the victim is and your relationship with them. However, avoid including personal identifying information like addresses or phone numbers, as the offender will have access to the statement.

How Victim Impact Statements Are Used in Court

When you submit a victim impact statement, it becomes part of the court records. Here’s how it is typically used:

• By the judge: The judge reviews your statement to understand the full impact of the crime when determining the offender’s sentence.
• By the defense and offender: The defense team will have access to your statement, meaning the offender may also read it, even if it isn’t read aloud in court.
• In a Pre-Sentence Report: Your statement may be included in the Pre-Sentence Report (PSR), which is prepared by the U.S. Probation Office to provide a comprehensive overview of the crime and its impact.

If you feel uncomfortable reading your statement in court, you can request that someone else, such as a family member, friend, victim advocate, or even the prosecutor, read it on your behalf. You can also specify if there are parts of your statement you prefer not to be read aloud.

Privacy Concerns

If you are worried about privacy, you can request the judge to close the courtroom while your statement is read. This will prevent the general public and media from being present during this time. If there are any concerns about the admissibility of certain parts of your statement, the prosecution team will discuss them with you beforehand to ensure your concerns are addressed.

Your Options During Sentencing

Attending the offender’s sentencing is entirely your choice. You can choose to:

• Attend the hearing and read your statement aloud.
• Have someone else read the statement on your behalf.
• Submit your written statement without attending the hearing.

It’s important to do what feels right for you. There is no right or wrong way to participate in this process.

Need Help with Your Victim Impact Statement?

If you’ve been injured in Connecticut and need assistance writing a victim impact statement, the team at Bert McDowell Injury Law is here to help. Our experienced personal injury lawyers understand the challenges you face and can guide you through the process to ensure your voice is heard.

Call us today at 475-231-3274 for a free consultation. Let us help you get the justice and support you deserve.