• We are a multilingual website again. Read the notice about this.
  • Understand AI use at MyPTSD: all AI use is explained in our AI help page. AI use is by choice here. It exists if you want it, but does nothing unless you choose to use it.

Writing A Victim Impact Statement For Sentencing

Status
Not open for further replies.
I have given two victim impact statements in court. I had all the same options. The first time around, I gave my letter to the judge. The sentencing was brutal. In the first case, the guy got very little time because all his victims except for me were disabled. No really. It so brutally re-traumatized me to have to deal with that... I don't think my statement could have made any difffernece either way and the DA on the case treated me like crap.

The second case was a very different experience. I insisted from day one that the police and DA would treat me well or they would have no case at all. I fought to be heard, the whole way through. The DA was great and totally respectful. I insisted on giving abject in impact statement. There was no trial, the guy pled guilty. Just before I went to talk, he tried to take the max sentence. It was a strange situation and confusing for me. I still got up and read my letter. I'm really glad I did. It helped me heal. I didn't do it for anyone else except myself. That made all the difffernece.

The final sentence was somwrhing I had to take time to process through. But no matter what it was, it helped to know I said what I needed to say.

My letter was focused all on the crime and how it impacted me, emotionally and physically, and what I hoped the court would do. (In this case, drugs played a big role so I wanted them to mandate drug treatment on top of the prison time.)

Emotions do have sway for a judge considering how to sentence a person. They factor in many things, but the experience and suffering of the victim matters. That's why there is an opportunity for victims to speak,

Whatever choice you pick, listen to the choice that is most right for you.
 
You don't have the same Judge as she did. Your statement could make a difference. I think, personally, that that Judge was paid off by the defendant's rich family. We will never know, of course, unless they investigate, in which case, since there has been so much negative publicity, he just might be investigated yet!

Just do the best you can with your statement and try not to think of how little effect her statement had. When the power and sway of money is involved, you can not take the results seriously. Hopefully, money won't be involved in your case.
 
I wrote a Victim Impact Statement some years ago. Mine was read in court, but I was not there. I did not have to be and would not have chosen to be.

I was brutally honest in my statement, even though I knew the words would hurt my mother - to hear what I was saying about my father. However she was not there either - so I am glad that I did not back out because of her. I told of the damage he had done, how my life was a lie, how hard it was that the community held him with such respect when I knew the truth. I also mentioned in it how as a young child I had wished I was adopted, and I tried to kill myself. I still have a copy of my statement, but it is filed away. I don't like to read it.
 
You don't have the same Judge as she did. Your statement could make a difference.

My case is very different than hers. And the judge in this case is known for being tough. I was impressed with the judge so far and there are also mandatory gun laws in my state. He was a convicted felon already so these laws apply. So I know the sentence already will be a minimum of 15 years to life. That was a huge relief off my shoulders when I left the courtroom after hearing the judge say that. So there isn't the fear of a slap on the wrist type sentence.
Obviously I am hoping for life so that I don't ever have to worry about him doing this to anyone else. And so I don't have to look over my shoulder at a gas station or grocery store.
This guy has already served 30 yrs in prison for something similar and had just gotten out on parole when this happened. I really don't think the judge will take that lightly.
 
@Lucycat thank you for sharing and I know that had to take incredible bravery for you to speak out against your father. I am so glad that you were able to do that.
I didn't get the chance to ever speak out against what my father did to me. Most of it I only remembered after he died when I was a teen. I don't know that I would have been strong enough to do that so my hats off to you for your bravery. I hope that it was a healing process for you.
This case isn't about family so I don't have to worry about hurting anyone with my statement. Only facing this guy in court and telling him how he effected my life.

Thank you again for sharing.
 
ow the trauma/abuser is/may affect/ing me...and if I wished, force them to have to hear those words?
That is huge.

I keep re-reading your words. You really put it in perspective.

This is an opportunity to be heard in a real world environment and that's pretty rare for suffered of ptsd and those who have been victimized.

I am not thrilled to have had additional trauma in my adult life but I can see how THIS time I am getting justice. Unlike original childhood/teen traumas. I do realize how rare this is and I am trying to make the most of this as far as my healing goes.
It wouldn't be fair of me to mention in court how THIS recent trauma stirred up old trauma that I thought I had processed. But I want to...but I really don't because all my family secrets would be exposed. So I am finding it difficult to separate the traumas in my head and in my writing.
 
The perp in your case could get life for simply posessiong guns while on parole alone, even if he had not committed a single crime - especially possible if your judge is a tough one.

The two cases I went through are an example of many things, including how the legal system views repeat offenders vs people previously perceived as outstanding members of the community. For me personally, it stirred up prior trauma both times too.

In my first case, the guy was a leader in the community who had no prior criminal record. He confessed to multiple rapes of multiple women. He did not go to trial. He got an average of 1 month for each confessed rape. I still have a hard time talking about the judge's explaination as to why - that part is what got to me. Not the time, but the explaination. It was even more screwed up than the Standford rapist's explaination. The judge basically said it wasn't such a big deal because of how much the guy had given to the community over his lifetime
and because most of his victims were disabled so it didn't impact them as much as it would have disabled victims. My disability wasn't viable at that point in my life and I was considered to be an anomaly in the pattern, except I wasn't. But it was such a f*cked up reason... It was pretty retraumatizing to hear. It felt like my family all over again saying it was not that big a deal for my father to hurt me, everyone loves him, blah blah.

The judge's actions, someone who is normally a tough judge, fueled me to not let anyone in the system run me over ever again. Ever.

The second case was elevated because I am a visually disabled person. That perp was charged for a higher offense than he would have been if I had not been disabled, so it was a case that was handled very differently right from the get go. very differently. The second case also did not go to trial, but the perp confessed in the courtroom, quite tearfully. It was before a very perp sympathetic judge, but that sentencing went very differently. The second perp received the max jail time but no requirement for drug treatment upon release. I had asked for required drug treatment upon release in my victim impact statement. I had also explained every impact the crime had on me and my fear he would reoffend. The second perp was much more repentant and owning of his guilt. He had also had prior convictions for other types of crime, and had done time for those.

It was confusing when he was sentenced - and no matter what the sentence, it was likely to be a confusing and hard thing for me. The validation of a long prison sentence and for actually elevating the crime to a higher felony because of the same reason the other guy almost got off with a slap on the wrist.... The validation hurt. It made the prior injustice seem all the greater.

And at the end of the day, no amount of time would make me whole, and I knew that going into it. So it was confusing.

Another confusing part was listening to what others had to say to the judge as to their input on the sentencing. I didn't have to stay and listen to that, but I did. I wish I had not. I had the option of the DA coming to get me from the hallway for when it was my time to talk. The stuff others had to say was more to deal with than what the perp alone had to say and did nothing but piss me off. But maybe it wasn't all bad.

Every case and every judge and every perp can differ quite greatly.

But I am glad I did speak up in both cases, no matter the time the perp got. It felt like I was reclaiming my voice and my choice that had been taken from me.
 
The perp in your case could get life for simply posessiong guns while on parole alone, even if he ha...

Yes that is a possibility in my case. It bothers me a little that the charge of kidnapping got dropped but the state attorney kept telling me that it really doesn't matter in the big picture because he could get life for just the single charge of robbery with a deadly weapon. But I said it matters to me...it's like saying what happened in the car doesn't matter. He didn't sexually assault me thank goodness but being held at gunpoint in my own vehicle after all that happened in the store was terrifying. I didn't know that he wasn't going to do that to me when he had me on the floor with the gun pointed at my head and I was in full flashback
Mode from a precious rape with a weapon at age 12. Anyway..I get what he was saying and I think he got what I was saying because he then went to the guys attorney and said we would be adding charges.

WOW! I can def see why the second magnified the unjustness of the first. That's a lot to have to process.
I hadn't thought about other ppl speaking on his behalf or him speaking...yikes!
I know I want to be there to hear the sentencing and I think I would rather hear all thy was said.

This made our local news and everyone eventually found out it was me. The news station made a mochary out of what happened and I have had to fend off more stupid remarks and questions from so many ppl. So I think before it hits the news again I would rather know what all was said...instead of like the case with the Stanford girl having to hear it from the media.
I may change my mind after hearing it but I'll have to deal with that later I guess.
 
Status
Not open for further replies.

Donation drives

2026 Donation Goal

Goal
$1,800.00
Earned
$910.00
This donation drive ends in
0 hours, 0 minutes, 0 seconds
  50.6%

Trending content

Featured content

Back
Top Bottom