Writing A Victim Impact Statement For Sentencing

[KeepingTime]

ok you can tell me what you think, but after some thought...and now that I know this will become part of a public record I've decided to keep it very brief and somewhat vague. I know that my little incident will never make national news...thank god...but I already found out the hard way that the local news stations were able to access my jabbering statement to the police. that felt like being violated all over again. before i could even get home that evening it was on the evening news and they quoted and misquoted some of my nervous jibberish that i scribbled on that paper.

also i do not know at this time if i am allowed to address the guy himself or if it has to be directed to the court. most of what i was wanting to say was directed to him. i can ask my advocate for sure and if i can address him in this statement i may add more.

i really think that just my presence will be as effective as anything i can say to the judge. but here goes:

Your Honor,

I stand before you today to speak on behalf of myself in the case of the defendant _________.

Because of the defendants actions on ____ 2015, my life was adversely effected.

I would like you to know how my life has been changed, And I would like the defendant to know that his actions effected a real person.

For many months after this, I was afraid to leave my house. Terrified to be in a public place. I had great difficulty sleeping and when I did I had nightmares. Every time I closed my eyes, I saw the gun that was pointed at me. Repeated flashbacks of that day, anytime someone opens a door I see him with a gun. Flashbacks of Lying on the floor with him standing over me, with a gun.

Not being able to drive my own car without seeing him in my passenger seat with the gun pointed at me. I became isolated and depressed.

Due to this I sought the help of a therapist and a psychiatrist. I have maintained therapy and medication treatment to help with anxiety, sleep, depression, and flashbacks.

With the history of the defendant, I feel like if he were granted freedom he would re offended. After these events I learned of his history and the fact that he had an open warrant when he entered the store with a gun. I believe that if given another opportunity of freedom, he is sure to repeat these crimes.


***my friend helped me write this today. after re reading it, it just seems so simplistic. "how it changed my life in 50 words or less". how can so much hurt be summed up in 5 inches of paper?
what i cant say is how this man is facing a life sentence for something that really ISN"T the worst thing that has happened to me...how this has dredged up years of old trauma. how this isn't the first gun ive had to my head or knife to my throat. Hell...the last gun actually fired at me. how the real injustice here is that i will never get justice for those things...and possibly will never heal from all of this before i am too old to care.

 

[Justmehere]

I remember being quoted in the papers myself. And misquoted. It's a stunning and confusing experience to be sure, even when they are not legally allowed to use the victims letter.

I think that is an excellent letter, very well done. It is simple, but it's also clear and succinct. I'm glad you are doing what works best for you in the situation. It is an all round hard thing and nothing that any letter can really sum up in its full entirety.

I can relate with so much of what you have written... My heart goes out to you. :hug:

Are you working with a victim advocate with the DA's office? If not, you can call and ask for one. They can be there right with you through the whole process before, during, and after court, and even go over any concerns you have about the statement and press.

 

[KeepingTime]

Thank you @Justmehere
Yes I have been working with an advocate. She has been great. She has sat with me through all the depositions and in court. I haven't asked her yet but I'm sure she would be there with me through this too. My husband will be able to take off work and be there too. He is my rock but sometimes this is harder to talk about in front of him. I haven't read it to him yet.
My husband asked me if I had to read this. I told him I wanted to be able to.

I'm going to read it to T today. I figure if I can't read it to him...then I couldn't read it to anyone.

 

[Whyteferret]

You are handling this great. Sometimes the process is also healing. If reading it in court will help, no matter the outcome, do it. You can't control the sentence but you decide if you read it or not.

Whatever the choice, this letter can be used as a focus for therapy. Or some journal entries expanding it.

Any make has to be what is best for you.

 

[KeepingTime]

Yes the process is also stirring up some stuff.
I am having a hard time wrapping my brain around the thought that someone might go to prison for life because of me. Or even going to prison at all on my behalf. Why would they care what happened to me. How it effected me.
When I read this I think It wasn't that bad. They will think I'm making a mountain out of a mole hill...

How can I have compassion for this guy?

 

[Justmehere]

I am having a hard time wrapping my brain around the thought that someone might go to prison for life because of me. Or even going to prison at all on my behalf.

I struggled with this as well. I'll point out something to you that was pointed out to me by a friend who is actually a criminal defense attorney:

In the US, when someone is charged criminally, the case is called people vs so-and-so or state-of-whatever vs so-and-so. It's not called a case of the victim against the perp, and there are a multitude of reasons for this. 1.) the burden isn't yours to prove he crime but that of the prosecutor who works on behalf of the state 2.) it is the state, the people, that is holding him accountable, and it is the judge who will sentence him 3.) he is named because he is liable, solely responsible for his actions.

You, as the victim, are not the one sending him to jail. It was his actions and the state that imposed consequences for them that is sending him to jail. Not you.

Why would they care what happened to me. How it effected me.

The judge does care. That's why they ask for victim statements if the victim chooses to give them. What happened to you is a great importance.

When I read this I think It wasn't that bad. They will think I'm making a mountain out of a mole hill...

The state spent thousands of dollars to put him on trial. The jury found him guilty. They don't think you are making a mountain out of a molehill. Your letter is very well written, and if anything, very understated.

Judges hear all kinds of victim impact statements all the time. Sometimes there are victims who don't say enough and others that go too far. That's why the judge, and not the victim, decides the sentence.

That being said, I think you are handling this well. You don't seem to be seeking revenge and while the letter leave out a lot of specifics, it does state clearly some of the impact of the serious crimes that he committed.

How can I have compassion for this guy?

This question may take time to sort out. For now, know that his sentence isn't on you. His crime is not your fault. His penalty isn't your responsibility. The judge putting him in prison where he will no longer be able to victimize other women may be the most compassionate thing for all involved. All that is up to you so to express where you are at, and how it impacted you, if/when/how you choose to do so. Then the state, the people, through the court and the judge will decide what to do based on many issues like the law, his history, and many other factors.

As much as you can, try to remember your feelings and the traumatic impact this had on you does matter, while the sentence he will face is absolutely not your responsibility.

 

[KeepingTime]

@Justmehere thank you so much for all your thoughtful advice and encouragement.

After discussing this with T today he's not real eager for me to do this. Apparently I couldn't discuss it with him without dissociating. So I have two more appts before the court date so maybe I can work through those issues. Because my brain really wants to do this.

And the issue I have with having a hard time about the sentence possibility isn't just that he might receive life on my behalf but that I just can't imagine someone getting punished for something they did to me. Because that's never been the case.

The state spent thousands of dollars to put him on trial.

I can't even fathom that they would even do that. That something happening to me is worthy of the state doing that. I don't know if that makes sense.

T asked me if I did this and was successful (meaning I read it...and made it through without dissociating) how would I feel? Aka with the best possible scenario how would I feel. And I really don't know the answer.
I guess he was just really trying to get a feel for why I want to do this and what my expectations are. He said if I think it would be empowering for me then yes. But I think he is really worried i will dissociate. I am a little disappointed after the session today. But I'm just disappointed in myself because I know if I can't read it to t then I know I can't do it in court.

Apparently I had not mentioned doing this to him before now. So this was the first time we have discussed it in t session.

Just a lot to think about.

 

[Deleted member 28740]

Do you have to do the Victim Statement in person? Under the circumstances perhaps it can be read by someone else (from the prosecutor's team.)

 

[KeepingTime]

No I don't have to do it myself. The prosecutor would/could read it for me or the advocate I think. That may be what has to happen. I was just trying hard to do it for myself.

 

[Deleted member 28740]

Use your voice clear and strong , true to all of it. Then decide. Face to face - no, never want to see that face, those eyes. Not a lack of courage, or so he has to see you telling him, video tape it. You are doing it for yourself, why subject yourself to his evil in person. I think on this for myself, and do not lack courage to speak, not to ever be in his presence again is more important than the in person delivery.

 

[KeepingTime]

Sentencing is supposed to be two days away. State attny just called to let me know that there is a problem. The guys attny has filed a withdrawal meaning no longer wanting to be this guys attny! WHAT? Two days from sentencing? This could cause huge problems and delay.
Also the guy is trying to withdraw his guilty plea!
I can't imagine that the judge would allow this but with facing a life sentence they may err on the side of caution! WHAT???
This could mean going back through trial.
I can't believe this is even possible this late in the game!
Trying really hard not to freak out. Here all I was worrying about was impact statement. I didn't know this all could even happen!

 

[Justmehere]

Oh that's awful!

If the judge does approve of a motion to withdraw, then the court will have to appoint new counsel and then this could and should still go to a sentencing hearing.

If the case went to trial and he was convicted by a jury or the judge, then he can't get a new trial unless an appeal was granted. If he entered a guilty plea as per of a plea deal, after confessing in court, it will be very hard for anyone to convince a judge to withdraw it. Very hard. It is possible they will err on the side of caution though.

Judges tend to not like last minute antics, and hopefully this judge won't grant it and they will have the sentencing hearing soon.

Hang in there! :hug: