The impact of the crime affects those involved for a very long time, and a victim impact statement is one avenue to show this. This statement inevitably affects both victim and offender in different ways.
What is a victim impact statement?
It is a written statement from the victim about the effect a crime has had on them.
Who can submit a victim impact statement?
A victim impact statement is made by:
- A primary victim who has suffered personal harm (psychological/psychiatric or actual physical bodily) as a direct result of the offence.
- Someone who the offence was committed against;
- A witness to the offence, the death of someone or the infliction of harm.
- An immediate family member of a primary victim who has died as a direct result of the offence.
- Victim's spouse, de facto or same sex partner, fiance;
- Parent, grandparent, guardian, step-parent;
- Child, grandchild, step-child, foster child;
- Sibling, half-sibling, step-sibling;
- A person who lived with the victim for at least two years.
- Representative of the victim.
- Where a victim is incapable of providing a victim impact statement (age, impairment etc), someone may act on behalf of the victim.
- Qualified person in contact with the victim as a result of the offence.
- Counsellor, psychologist, social worker or medical specialist;
- A person designated by the prosecutor.
When should a victim impact statement be written?
It is the victim's choice to make a statement. It is completely voluntary and no one can make a statement on behalf of the victim without their consent.
The statement is given to the court after the offender is convicted. The victim must let the prosecutor know as soon as possible if they want to give an impact statement.
If no statement is submitted, the court cannot think that there was little or no harm suffered by the victim.
When are victim impact statements used?
Victim impact statements are received and considered in certain cases in the Supreme Court, the District Court, the Local Court and the Children's Court. They are received in relation to offences that involve actual or threatened violence (including sexual assault), or the death of or any actual bodily physical harm to any person.
The statement is given to the court any time after the person is convicted and before they are sentenced. The statements must relate to the charges that the offender is convicted and describe the direct effects of that crime. If the victim statement refers to other offences that the offender was not convicted by the court, they will not be allowed.
The victim is entitled to read all or part of their statement to the court. This is optional and voluntary. A victim of sexual assault or a vulnerable victim (a child or intellectually impaired person etc) can read their statement using closed-circuit television.
What information should be used?
It must contain accurate information about the short or long term harm of physical injury and psychological/emotional effects. Any relevant medical reports, photographs or drawings that support the statement can be attached. It must not contain anything offensive, threatening, intimidating or harassing towards the offender. There are other requirements such as dates, references, size, number of pages, layout etc.
Things to know
A submitted victim impact statement becomes part of the court case and a public document, except when involving children.
The media may gain access to the statement through the court registry and can report on its contents if referred to or read out in court.
The defence is entitled to cross-examine the statement. The offender is prevented from keeping any copies of the statement.
There is no legal requirement for the statement to be treated confidentially or prevent publication. It is available to the offender and their legal representative, or any other person. Only one victim impact statement may be made for each primary or family victim.
It is always recommended to speak to a legal professional concerning the effects of the victim impact statement, whether you are a victim, family member of a victim or an offender.
