Basics of Victim Impact Statements

Once an individual finds out that they have fallen victim to identity theft, the burden falls on them to clear their name and prove their innocence.   Just as important as it is to collect evidence, file police reports and clear items from your credit report, a consumer needs to also make a statement in writing about how they were affected by this crime and the events that occurred.

A victim statement or victim impact statement is used during the court hearing to determine the overall fate of the identity thief.  Often these can be used in place of an identity theft victim in the event they are too ill to travel to the court or other reasons for their not attending.  Prosecutors believe that a written or videotaped victim statement will make the difference between sentencing.

A victim statement can educate the attorneys, judges and even the jury on just how much a case of identity theft affects its victims.   Often judges and attorneys deal with crimes such as robberies, rape, homicide, and other heinous events.  They tend to forget just how harsh identity theft can affect the victims, even if it is not considered a violent crime.  Many judges see identity theft as a victimless form of crime.  A victims statement helps remind courtrooms that identity theft DOES impact someone, even when there are no bruises or hospital visits involved.

During a victim impact statement it is important that the victim stays calm and never overreacts.  Though it is upsetting, a victim needs to be calm and to the point as they explain their case to the judge and jury.  Though it can be difficult to not get a little emotional during the process, a victim that is collected and to the point in their video will be that much more effective.  Of course, a victim needs to show that this crime did hurt, even if it was not physically.  No matter how extensive the case of identity theft was, a consumer is urged to put down their statement in writing or on tape for the courtroom.

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