What Is A Victim Impact Statement?
A victim impact statement allows the victim a voice within the criminal proceedings. It is a chance for the victim to explain their pain, suffering or mitigation of a crime committed against them. It is important for the court to understand the impact the criminal offending had on the victim so it can factor into two important issues; whether there is a continued risk to the community and whether there should be a harsher or lighter penalty considered.
The court is able to use a victim impact statement to factor into sentencing matters for the defendant. At the sentencing hearing, the victim or prosecution will read the victim impact statement aloud to demonstrate the emotional suffering the victim has endured. If the defendant has plead not guilty but been found guilty of the offence, the victim impact statement can be a powerful tool. It can signify to the court the lack of remorse shown by the defendant towards the victim.
Is A Victim Impact Statement Required?
There is no requirement for a victim to provide a statement about what they have suffered and how it is effecting them. In many instances, it can be too painful for the victim to even contemplate writing a statement or they simply elect not to do so. It can be confronting for a a statement to be read aloud which broadcasts the emotions and suffering of an already vulnerable individual.
There are some who do not want their offender to become aware of how much pain, harm or suffering they have caused to their life, particularly if it is someone known to them. Ultimately, the facts, circumstances and harm suffered are presented to the court by the prosecution during the trial, if required, and those factors are taken into account when the determination is made.
Who Can Write A Victim Impact Statement?
Usually, the term “Victim Impact Statement” leads people to believe that the physical victim of the offence is the only one who can present to the court how the offending has affected them. Yet this is not the case. Criminal offending can have a far reaching effect depending on the circumstances and there may be other victims who feel its impact.
The most powerful and life altering example which springs to mind is that of murder. In this instance, the victim of that offence is not able to express how the offending has impacted their lives but their family remains to share their pain and grief. The injury in this case is emotional, not physical.
