There are many hearings where victims have the right to make a statement.
Providing a statement is a chance for you to provide the court with information to consider in your own words. Unlike answering an attorney’s questions during testimony, a statement is your opportunity to share your thoughts in a way that feels true to you.
When you are preparing to make a statement, it can help to consider the purpose of the hearing. For example, if you are making a statement at an arraignment or release hearing and the judge is deciding if an offender will be released or not, your statement could highlight specific information you think the judge should consider.
Statements regarding the release of an offender
Victims can request the right to make a statement at any hearing when a judge is making a decision if an offender will be released or not, and the rules they may need to follow if released. When making their decision, the judge must consider the safety of the victim, the safety of the community, and whether or not the offender is likely to return to court. Statements at these hearings are generally limited to the decision the judge needs to make, rather than a complete picture of all the ways that the crime has impacted you.
When making your statement, you might explain reasons why you think the offender should or should not be released. You can include specific examples about how you believe the offender being released would impact your safety or if there are certain conditions you think the offender should follow to keep the community safer. You could also share if you know the offender has failed to come back to court in the past.
Statements when other decisions are made about the case
Victims can request the right to make a statement at hearings when specific decisions are being made on the case. Specific examples include:
- When there is more than one offender charged with the same crime, the court may be asked if each offender will have their own separate trial. A victim may request to make a statement if they think there should be a single trial involving all defendants.
- When an offender is charged with a crime of Driving Under the Influence of Intoxicants (DUII), a victim of property damage caused by the defendant can request to make a statement. Statements may include the victims’ opinion if the offender should have the option to join a diversion program. The court will consider the statement to determine if diversion is a benefit to both the offender and the community. Learn more about diversion programs.
- When there is a hearing about a probation violation or if the offender is being taken off supervision to spend time in custody, a victim may request to make a statement. Statements may include anything relevant to the issues the court is considering in the hearing.
These are the most common hearings where a victim may request the right to make a statement. We encourage you to ask if you are interested in making a statement at any scheduled hearing.
Victim impact statement at a sentencing hearing
Victim impact statements are delivered to the court during the sentencing phase of a criminal case. This is an opportunity for you to share how the crime has affected you. During other court hearings, there are legal rules that mean some information can’t be shared. Victim impact statements don’t have the same limitations, so you are able to share anything that you want the judge to know and you may include details that weren’t shared in court.
Victim impact statements are presented during the sentencing hearing. At this hearing, the District Attorney’s Office will share with the judge the sentence they are requesting. To create their recommendation, the District Attorney’s Office considers the charges, the offender’s criminal history, and what can be legally ordered by the court. You may find it helpful to connect with the District Attorney’s Office about what they believe could be ordered when beginning to prepare your impact statement.
You are not required to make an impact statement. You are also not required to prepare a statement in advance. If you feel more comfortable giving your input in the moment rather than from a script, that’s perfectly fine too.
If you choose to provide a statement, you may be able to present your statement in person in the courtroom or by submitting a written statement. In some cases, you may also be able to present your statement remotely by a video or audio conference with the court. If you would like to present your statement remotely, please let the District Attorney’s Office know before the hearing so that they can make a request to the court. If you choose to have your statement presented in person, you can ask that someone else read it for you. This might be a trusted friend or family member, the District Attorney’s Office, or your advocate. The offender will also receive your statement when it is presented.
After the court has received your statement, the defense attorney will share their sentencing recommendation with the court. The court will also ask the offender if they want to share a statement. Once all statements have been received, the judge decides the offender’s sentence and shares that decision with the courtroom.
It can feel overwhelming to put into words the way a crime has affected your life. To help you decide what you might like to include in your statement, we’ve outlined a few questions you might consider. These questions are intended as a guide to help you share your experiences with the court. Remember that every individual may experience harm differently. You do not have to answer any or all of the suggested questions. Choose what feels right for you. Your story is uniquely yours, and you can decide the best way to share it.
Things to consider when creating your impact statement
Emotional, physical or psychological impacts: You may ask yourself, in what ways has this crime affected me emotionally, physically, or psychologically? Have you felt fearful, anxious, or depressed? Are there lasting physical or emotional challenges that you’re dealing with?
Impact on daily life: Think about your daily responsibilities. Has your routine or ability to earn a living, attend school, or take care of yourself or your family been affected by this crime? Have you had to miss work or school due to medical appointments or emotional distress? Has it been hard to concentrate? Have there been financial burdens?
Impact on your community: A crime that happens to you may also impact people around you. You may want to speak about the effects that you or your family are experiencing as a result of this crime. Have there been mental health challenges, or changes in personal relationships that have resulted from the impacts of the crime?
Final reflections: Consider if there’s anything else you want to share; is there anything else about the crime’s impact that you’d like the court to know? Maybe there’s a personal story, a reflection on how you’ve been coping, or a message to the court about your experience throughout this process.
Sentencing suggestions: You may also share what you would like to happen in the case. The length of time the offender could spend in custody or on probation depends on the type of case and must follow legal rules. However, your input is important and can help the judge make decisions with more understanding about how the case impacted you. Do you think that the offender should have to follow certain conditions as part of their sentence? Are there additional requirements that you would like the court to consider? For example, you might ask that the offender be ordered to not have contact with you, complete a parenting class or community service, or participate in a treatment or counseling program.
Resources for victims
This page is designed to help you understand when you may have the opportunity to make a statement and what you might consider including. It offers general guidance to help you prepare, but it is important to remember that decisions about when and how statements are allowed depends on the law and how the judge applies it in your specific case. An advocate may be able to offer support while you prepare a statement, and a victims’ rights attorney may give you legal advice about your right to make a statement and how it may apply to your situation. Learn more about resources for victims.
Glossary of terms
Oregon law defines a victim as any person the court or an attorney from the District Attorney’s Office finds has experienced financial, mental, or physical harm as a result of a crime. The victim of the crime may also be a witness in the case. If the victim is under the age of 18, the victim’s parent or legal guardian may also be considered a victim. If the victim lost their life as a result of the crime, the victim’s immediate family may also be considered victims. Back to content.
Victims have a right to make a statement to the judge at the following hearings:
- Release hearings (including hearings to modify conditions of release).
- Sentencing hearings
- Restitution hearings
- Probation violation or Morrissey hearings
- Relief from Sex Offender Registration hearings
- Expunction hearings
Statements can be made in writing, by phone or in person. Victims can request that another person such as an advocate or prosecutor read their statement. Back to content.
(Juvenile) Right to be heard:
Victims have a right to make a statement at the following hearings:
- Detention or shelter hearings
- Hearings to review the placement of the youth
- Disposition hearing
- Restitution hearings
- Probation violation hearings
- Relief from Sex Offender Registration hearings
- Expunction hearings
When a person participates in a court hearing by answering questions and sharing information related to the case. Before a person testifies, they are sworn in, which means they make a promise to tell the court the truth. When a person testifies, they sit at the front of the courtroom near the judge. Back to content.
A hearing where the offender is notified by the judge that they are being charged with a crime. The offender is asked to enter their plea to the charges. It is most common to enter a plea of "not guilty." If the offender was arrested for the crime and is still in jail, the judge will make a decision regarding the potential for their release. The judge could choose to release them with no conditions, some conditions, or only if they pay bail. In some violent cases, the judge may deny the offender's release. You have the right to make a statement at this hearing. Your statement can include concerns about your safety and conditions you want the judge to order. Back to content.
A formal court proceeding that may take many days. At trial the District Attorney’s Office provides evidence that they believe will prove the offender committed the crimes they have been charged with. The offender’s attorney can also provide evidence and question witnesses. A judge or a jury will decide if the offender is guilty based on the evidence provided. Back to content.
These are special programs for specific offenders and specific crimes. By entering one of these programs, the offender admits to one or more of the charges and does not have to go to trial. The offender has to follow specific rules while in the program. If the offender is successful in the program, their charges may be removed from their criminal history. Back to content.
A hearing where the judge decides if a youth broke the rules or conditions of their supervision and if there will be a consequence for breaking the rules of their supervision. Back to content.
(Adult) Probation violation hearing/probation violation or other post-conviction hearings:
A hearing where a judge or Oregon Board of Parole decides if the offender broke the rules or conditions of their supervision and if there will be a consequence for breaking the rules of their supervision. These hearings also include any critical stage hearing that happens after the offender has been sentenced in a specific court case such as a certain deferred sentencing program hearings, Morrissey hearing, a Relief from Sex Offender Registration hearing, or an Expunction hearing. You have the right to make a statement at these hearings. Back to content.
When the offender has been ordered by the courts or the Oregon Board of Parole to follow certain rules. Back to content.
A hearing where a judge decides the punishment for the offender. You have a right to make a statement at this hearing. You also have a right to have your schedule considered when determining the date and time of a sentencing hearing. Back to content.
A person who supports crime victims. Advocates can work with a justice system agency or with a community organization. Their job is to help you understand the justice system and your rights, to attend court with you, to offer emotional support, and to connect you with resources to meet your needs. Advocate services are always free. Visit our resource page for information about advocate services in Multnomah County. Back to content.
A lawyer who represents the offender and protects the offender’s rights. Their job is to help the offender understand the court process and fight the charges against the offender. Back to content.
Opportunities to engage in activities that support the community. Back to content.
This page was produced by Multnomah County under grant number 15POVC-21-GK-01091-NONF, awarded by the Office for Victims of Crime, Office of Justice Programs, U.S. Department of Justice. The opinions, findings, and conclusions or recommendations expressed on this page are those of the contributors and do not necessarily represent the official position or policies of the U.S. Department of Justice.