What not to say in a victim impact statement

New evidence, or the trial told again

A statement is about what the crime did to your life, not about proving what happened. Virginia’s statewide form lists introducing new evidence, or repeating evidence already presented, under what not to do.

That also covers new accusations about things the person was not charged with. If there is something about the case you think the court has not heard, tell your victim advocate or the prosecutor rather than putting it in your statement.

Insults, swearing and anger aimed at people

Guides ask people to leave out insulting or obscene words, because those words can make a statement less effective. Virginia’s form says not to use derogatory or obscene language about the defendant, and the U.S. Attorney’s Office in Alaska says unsuitable language will diminish your statement.

Your anger is real, and you can say how the crime has made you feel. The same federal guide suggests not aiming that anger directly at the court or the person who did this, and puts it this way: your goal is to express your hurt and your pain, not to blame, because the blame has already been placed.

Wishes of harm

Advocates suggest leaving out anything you want to happen to the person who did this in prison. The federal guide from Alaska asks people not to describe any harm they would like to see done to them.

Speaking to the defendant, and asking for a sentence

Most guides ask you to speak to the judge rather than to the person who did this. Connecticut’s guide says to speak directly to the court, and the federal guide from Alaska says to ask the judge first if you want to speak to the defendant. Your victim advocate can tell you how to ask.

Whether you can ask for a particular sentence depends on where your case is. Some guides invite your opinion and others say nothing, so ask your victim advocate before you include one.

In a death-penalty case, family members cannot give their opinion about the sentence, the crime or the defendant. The U.S. Supreme Court said so in Bosse v. Oklahoma in 2016. You can still describe who the person who died was and what their death has meant to your family.

Details that show where you live, work or go

The defendant and their lawyer will usually read or hear your statement, so leave out anything you would not want them to know. That includes your address, phone number and email, your workplace, your children’s school, your car, and the places you go and when.

Name children by first name or initial only. Federal court filings, for example, use only a child’s initials.

Claims about other people

Keep your statement to what happened to you and the people you are writing for. Leave out accusations against people who are not the defendant, and private details of other people’s health or lives unless they have said you may share them.

This site is not a law firm and does not give legal advice; your victim advocate can help you with anything you are unsure about. When you write your statement here, a gentle check points to words you may want to look at again, such as an address or a request for a sentence, and the choice to keep them stays yours.

Questions