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Victim Impact Statements
What is a Victim Impact Statement?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
- should not comment on the offender’s behavior or character
- should not contain opinions concerning the sentence to be given by the judge
A Victim Services Worker will help you prepare your victim impact statement. After it is typed and you sign it, your worker will file it with the clerk of the court. The clerk of the court will keep the statement in a sealed envelope until the accused person has been found guilty. If the accused person is found not guilty, the judge will not read the victim impact statement.
If you wish to add information to your victim impact statement after it has been filed with the court, contact your Victim Services Worker so that the new information can be prepared and filed.
Please Note: The purpose of the victim impact statement is for use at sentencing. However, your victim impact statement may be subpoenaed at the trial stage, just as any other document may be subpoenaed. If your victim impact statement is subpoenaed, the information it contains will become known to the Crown attorney and defence before any finding of guilt.
Sentencing
When an accused person has pleaded guilty or is found guilty after a trial, s/he is then called an offender. Copies of your victim impact statement will be given to the judge, the Crown Attorney, and the offender or counsel for the offender. If a pre-sentence report is ordered, a copy of the victim impact statement will be given to Probation Services.
The judge will consider the victim impact statement as one of the factors in determining sentence. If the offender or his/her lawyer disagrees with the contents of the victim impact statement you may be called upon to testify at the sentencing hearing.
At the sentencing hearing you may read aloud your victim impact statement which has been prepared and filed with the court. Or, the judge may permit you to present the statement in any other manner that the judge considers appropriate. If you wish to read your statement aloud or present it in another manner, tell your Victim Services Worker before the victim impact statement has been typed.
Please note: When the court has considered a victim impact statement, it is no longer confidential. After sentencing, the victim impact statement becomes part of the court file and is considered public information. The media may refer to contents of your victim impact statement.
A copy of the victim impact statement will be given to the appropriate correctional authority after sentencing for use in dealing with the offender.
For assistance in preparing and filing a victim impact statement, contact Victim Services in your area.
