How to Write a Victim Impact Statement: Everything you need to know

About this article

If a court has told you that you can write a victim impact statement, you may be sitting in front of a blank page with no idea where to begin. That is normal. Most people have never written one before, and the instructions you are handed are often thin. This guide takes you through the whole thing, one step at a time, in plain language.

It explains what your statement does, where it sits in the court process, how to write it, how it connects to compensation, and how to look after yourself while you do. There are examples drawn from different kinds of crime, the rules that decide what stays in, and support services for every state and territory.

You can read it straight through, or skip to the part you need. There is a list of common questions near the end.

The short version. A victim impact statement tells the court how a crime has affected you. You write it after the person is found guilty or pleads guilty, and before they are sentenced. You write about the effect on your life, not the details of the crime itself. You sign it and give it to the prosecutor in time for the sentencing hearing. The judge reads it and can take it into account. Writing one is your choice, and you can ask for help.

What your statement does

Sentencing is the stage where a court decides how to deal with a person who has been found guilty. The judge weighs up a range of things. One of them is the harm the crime caused. Your statement is how that harm reaches the court in your own words.

This counts because the rest of a court case is built around the accused and the evidence. Until sentencing, there is rarely a place for the person who was actually harmed to speak. Your statement is that place. It does not set the sentence on its own, but it is read, and it carries weight.

Recognising the harm done to a victim is one of the reasons sentencing exists at all. So your statement is not an add-on. It speaks to something the court is there to consider.

Where it fits in the court process

It helps to see the shape of the whole thing, so nothing catches you off guard.

First, the person has to be found guilty or plead guilty. A statement is part of sentencing, so it does not come up while the case is still being argued.

Once there is a finding or a plea, the police, the prosecutor or a victim support worker should let you know you can make a statement. From there, you prepare it. You can take a little time over this. It is often better not to write it in the rush straight after a hearing.

There is a deadline, and it falls before the sentencing hearing. The prosecutor needs your statement early enough to read it and give a copy to the defence. Ask early how much time you have, because in some courts sentencing can happen quickly, sometimes on the same day as the plea. If you need longer, say so. The court can sometimes put sentencing off for a short while.

At the hearing, your statement is given to the judge or magistrate. You can read it out, have someone read it for you, or have it handed up quietly. After sentencing, your statement can still have a role if the person goes to prison, which we come to below.

If the case never reaches a guilty plea or a finding of guilt, there is no statement to make. That is painful, and it is no measure of what you lived through.

Step by step: how to write it

Here is a way through the blank page. Take the steps in whatever order suits you.

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Start with before and after

The simplest place to begin is to think about your life before the crime, and your life now. What is different. What you have lost. What you still carry. You do not need to write this as a tidy story. A few honest notes under each heading are enough to start.

Choose the parts of your life it touched

A crime can reach into many corners of a life. You do not have to cover all of them, only the ones that ring true for you. People often write about how they feel, such as fear, anxiety, anger, low mood, or trouble trusting people. They write about their body and health, like sleep, injury, or the toll of stress. They write about money, including lost income, debt, or the cost of putting things back together. They write about work or study they could not keep up, about friendships and family life that changed, and about the way they see themselves now. They write about faith, culture and connection to community, where the crime has shaken those. They write about the ordinary freedoms that became hard, like going out, or feeling safe at home.

Pick the corners that matter to you, and write a few plain sentences about each.

Write about the effect, not the event

This is the part that trips most people up, so slow down here. The court already knows what happened from the conviction. Your statement is not the place to lay the crime out again. It is the place to show what the crime did to you.

The difference is easier to see in examples. These come from different kinds of crime, and they are here to show the shift, not to be copied.

After a break-in, rather than describing how the person got in and what they took, you might write that you have not slept a full night since, that you check the locks again and again, and that your home no longer feels like yours.

After an assault, rather than describing the blows, you might write about the scar you see each morning, the way crowds make you tense, and the route you now take to avoid a particular street.

After being defrauded, rather than describing how the money was taken, you might write about the savings that are gone, the move back in with family, and the shame that surfaces every time the subject comes up.

In each one, the writer stays with the effect on their own life. That is what the court is there to hear, and it carries more than any retelling of the crime would.

Leave out what the court cannot use

A statement has to stay within certain limits. They are not there to silence you. They exist because a sentencing court can only deal with the matter in front of it, and anything outside that may be removed before the judge reads it. So a few things are best kept out.

Keep out a detailed retelling of the crime, since the court already has the facts. Keep out any request for a particular sentence, because that decision belongs to the court, not to you. Keep out anything the person was not convicted of, and old matters that are not part of this case. Keep out your view of the person's character, or whether they will offend again. And keep out offensive or threatening language, since the statement is read in open court.

One more habit protects you. If you name a diagnosis or an ongoing condition, be ready to back it with a report from your doctor or counsellor, because a claim without support behind it can be questioned or set aside.

If part of your statement does cross a line, the court does not throw the whole thing out. It simply sets that part aside. The prosecutor will usually raise it with you first.

Put it together and sign it

There is no single correct layout. If you want one, this order works well. Open with a line about who you are, if you like. Set out your life before, briefly. Then go through the effects, area by area. Then say where you are now, and what getting through it is starting to look like. If there is one thing you want the court to understand above the rest, end with it. Sign and date it at the end.

Most states have an official form you can use, or follow as a guide. The prosecutor or a victim support service can give you one. You can type your statement or write it by hand.

Watch the signing rules, because they differ. In Victoria, your statement has to be a statutory declaration. That means signing it in front of an authorised witness, like a lawyer, police officer, pharmacist or justice of the peace, and declaring that it is true. A justice of the peace does this free, and many sit at police stations, courts and local libraries. Victoria also lets you have it witnessed online, over a video call. In most other places you simply sign and date your statement. The form for your state will tell you exactly what yours needs, and a support service can help.

On length, one to three pages is usual. That is a guide, not a target. A short, honest statement often lands harder than a long one. Say what is true, and stop.

Who can write a statement

If you are the person the crime was committed against, you can write one. You are usually called the primary victim.

You may not be the only one. If a person has died because of a crime, close family members can often write a statement about how that loss has affected them. A parent, carer or guardian can write one for a child, or for someone who cannot write their own, and the victim usually needs to agree to it being made for them. Several people can each write their own statement about the same crime, and the court considers them together.

Children can take part too. A child's statement should be in their own words, in whatever form suits them, whether that is a short letter, a drawing, or talking it through with an adult who writes it down. Child witness services in each state can help with this.

Keeping yourself safe in what you share

There is one thing to know before you write. Your statement does not stay private.

Once it goes to the court, it becomes part of the record. The prosecution gives a copy to the defence, so the person and their lawyer can read it. In many cases the public and the media can ask to see it too. Some victims cannot be named, such as in sexual assault cases, but you should not assume your statement will be kept to yourself.

So leave out anything that could put you at risk. That means your current address, where you work now, your children's school, the name of a new partner, and your daily movements. The court needs to know how you were harmed. It does not need a map of your life. Looking after yourself this way is sensible, and it is allowed.

Giving it to the court, and reading it out

You give your statement to the prosecutor, the police officer in charge, or the victim support worker helping you, in time for the sentencing hearing.

At the hearing, you can read it aloud yourself, ask the prosecutor to read it for you, or have it handed to the judge to read without it being read out. The choice is yours, and none of the options is better than another.

If seeing the person would be hard, courts can help. You may be able to read from another room, or behind a screen, or with a support person beside you. Ask the prosecutor or the support service to arrange this early. You also do not have to attend the sentencing at all. Your statement can be given to the court without you there.

After sentencing: staying informed

Your statement can matter beyond the sentencing hearing. If the person is sent to prison, your statement may be passed on for when they are considered for parole, so the board understands the harm the crime caused.

In most states you can also join a victims register, sometimes called a victim notification register. It can keep you informed about the person while they are in the system, including where they are held and when they may be released. The person is not told that you are on it. A victim support service can help you sign up.

Your statement and compensation

Money will not be the first thing on your mind, but it matters, so here is the honest picture.

Every state and territory runs a scheme that helps victims of violent crime with counselling, expenses and, in most places, a payment that recognises the harm. These schemes are separate from your victim impact statement. You can apply to them whether or not you ever make a statement, and in most places you do not need anyone to have been convicted either. The claim runs on its own form, with things like the police report and medical records behind it.

Courts can also order the offender to pay compensation directly, usually at sentencing. Your statement helps there, because it puts your injury and losses in front of the very court making the decision. In South Australia, the official statement form is even the place where you ask. If you want offender-paid compensation considered, tell the prosecutor before the sentencing hearing.

The rules, amounts and time limits differ in every state, so see our state and territory guides for how yours works, or ask the victim support service on your case.

If writing it feels too hard

For a lot of people, the hardest part is not the rules. It is the feeling. Putting the effect of a crime into words can stir a great deal up. If that happens, it does not mean you are doing anything wrong.

Some things that help. Write in small pieces rather than all at once. Leave a section and come back to it if it gets too heavy, or leave it out. Let go of any idea of perfect, because the court is not judging your writing, only listening to your words. And lean on other people. A counsellor, a support worker, or someone you trust can sit with you, help you find the words, or write it down while you talk. If the whole thing feels beyond you, a support service can carry it with you.

Support services

You do not have to do any of this alone. The services below help with exactly this, every day.

If you need to talk to someone

Lifeline offers crisis support any time, on 13 11 14. lifeline.org.au

1800RESPECT is the national line for sexual assault, domestic and family violence, on 1800 737 732. 1800respect.org.au

13YARN is a crisis support line for Aboriginal and Torres Strait Islander people, on 13 92 76. 13yarn.org.au

Help with your statement and the court process

NSW: the Office of the Director of Public Prosecutions guide to victim impact statements. Victims Services NSW can help on the Victims Access Line, 1800 633 063.

Victoria: the Victims of Crime victim impact statement page, and the Victims of Crime Helpline on 1800 819 817.

Queensland: the ODPP guide to victim impact statements and the Sentencing Council information for victims. Victim Assist Queensland can help on 1300 546 587.

Western Australia: the victim impact statement page. The Victim Support Service can help you write your statement and forward it to the court, on 1800 818 988 or (08) 9425 2850.

South Australia: the Law Handbook on victim impact statements. The Victim Support Service offers support and court companions on 1800 842 846.

Tasmania: the Office of the Director of Public Prosecutions victim impact statement page. A witness assistance officer can help you prepare it, and the Victims of Crime Service offers support on 1300 300 238.

Australian Capital Territory: the Director of Public Prosecutions victim impact statement page. The Witness Assistance Service, or Victim Support ACT on 1800 822 272, can help you prepare it.

Northern Territory: the Director of Public Prosecutions victim impact statement page. The Witness Assistance Service can help you prepare it, and Victims of Crime NT offers support any time on 1800 672 242.

Commonwealth matters: the CDPP victim impact statement page.

Across Australia: PACT has a practical guide to writing a victim impact statement, and the eSafety Commissioner has a clear overview of how to get police and legal help, with links for every state and territory.

Wherever you are, the prosecutor or witness assistance officer on your case can help you with your statement. They do this often. You are allowed to ask.

Common questions

Is a victim impact statement the same as my police statement?

No. The statement you gave police during the investigation describes what happened, to help prove the case. A victim impact statement is different. It comes later, after a finding of guilt, and it describes how the crime affected you, to help the court decide the sentence.

Do I have to write one?

No. It is always your choice. If you choose not to, the court will not take it to mean the crime caused you no harm. It still hears about the effect through the rest of the case.

How long should it be?

One to three pages is usual. It is a guide, not a rule. A short, honest statement is enough.

What should I keep out?

A detailed retelling of the crime, any request for a certain sentence, anything the person was not convicted of, your opinion of their character, and offensive language. Stay with the effect the crime had on you.

Will the person who harmed me see it?

Most likely. A copy goes to the defence, and the person can read it. This is why it helps to leave out anything that could affect your safety.

Can someone help me write it, or write it for me?

Yes. A counsellor, a support worker or a family member can help, or write it in your words. Many victim support services do this as part of their work.

Can I change it after I hand it in?

Usually, as long as it is before the sentencing hearing. Tell the prosecutor early if you want to add or change something.

Do I need a victim impact statement to claim compensation?

No. Every state and territory runs a compensation or financial assistance scheme, and they are separate applications. You can apply whether or not you make a statement. A statement does help if you want the court to order the offender to pay, and in South Australia the statement form is where you make that request.

Do I have to read it aloud?

No. You can read it, have the prosecutor read it, or have it handed up to be read in silence. You do not have to be in court at all.

A final word

A victim impact statement asks a lot of you. There is no perfect one, and no statement can hold everything. You are not trying to write the whole of it. You are trying to write the truth of it, in your own words.

It is the one part of the process that belongs to you. Whatever you decide to write, and even if you decide not to write at all, what happened to you mattered.

If the blank page is the thing standing in your way, that is the part Justice Draft was built for. Our free guided questions ask you one thing at a time, and turn your answers into a finished statement you can use.