Site icon Legal Vidhiya

VICTIMOLOGY

Admin
Advertisements
Spread the love

This article is written by Jai Kumar Punjabi of 3rd semester of LL.B, Vivekananda Global University, Jaipur, an intern under Legal Vidhiya

ABSTRACT

Victimology is an interdisciplinary field that studies victimization’s dynamics and effects. It includes the investigation of people who have suffered injury, trauma, or injustice with the goal of comprehending their experiences and enhancing social reactions. This abstract explores the fundamentals of victimology and highlights its importance in the social sciences and criminology. Midway through the 20th century, victimology became a separate discipline of study, upending conventional criminological viewpoints that were mostly concerned with offenders. The emphasis on comprehending how crimes affect victims has brought attention to the necessity of thoroughly analyzing victim experiences. The understanding that victimization encompasses more than just criminal activity and includes mishaps, natural disasters, and many types of maltreatment is fundamental to victimology.

The field takes a comprehensive approach, taking into account victimization’s short- and long-term repercussions on people and communities. Victimologists look at the financial, emotional, and physical effects in addition to the social and cultural settings that affect victims’ experiences. They investigate the variables—age, gender, socioeconomic level, and cultural background—that affect vulnerability. In order to help and empower victims, victimology plays a critical role in the development of policies and interventions. The creation of victim support programs, reparations, and victim rights advocacy are essential elements of this profession. Furthermore, victimologists aid in the prevention of victimization by recognizing risk factors and creating plans to strengthen community resilience.

KEYWORDS

Victimology, Victimization, Criminal Justice, Offenders, Lifestyle theory, Secondary Victimization, Policy implications, Public awareness, Crime prevention, Legal proceedings, Consequences of victimization

INTRODUCTION                             

Victimology is a dynamic, multidisciplinary field that studies victims and the complex processes leading up to victimization. It explores the complex facets of people who have suffered injury, whether as a result of crimes, mishaps, or other traumatic experiences. Through an analysis of the intricacies involved in victimization, the field aims to disentangle the effects these experiences have on both individuals and communities, offering significant perspectives on how to better comprehend, avoid, and address different types of victimization.

Victimology, at its core, goes beyond conventional criminological viewpoints, which frequently concentrate only on the criminals. Rather, it centers research around victims, recognizing the wide spectrum of experiences they go through and the repercussions these encounters have on society as a whole. The field of victimology originated with a significant change in focus in the middle of the 20th century, as researchers started focusing more on the experiences and vulnerabilities of victims of crime rather than the behavior of perpetrators. This change in viewpoint was made possible by the revolutionary work of Hans von Hentig in the 1940s, and the discipline was further shaped by the contributions of other academics like Benjamin Mendelsohn.

Victimology is a vast field of study that covers a wide range of subjects, from victim identification and causes to individual effects and aftermath. This provides a thorough view through which to comprehend the various ways people are victimized—not just by criminal activity but also by accidents, tragedies, and other traumatic events.

The area analyzes victimization dynamics using a variety of theoretical frameworks and methods. This includes theories like Lifestyle/Routine Activity Theory, which focuses on how everyday routines create opportunities for victimization, and Victim Precipitation Theory, which investigates the participation of victims in their victimization. These theories, along with others, offer instruments for understanding the intricate interactions between various elements that impact victimization. We learn more about the causes and effects of victimization as well as the different ways society reacts to victims when we dig deeper into the framework of victimology. Victimology is essential in developing laws and policies that safeguard victims’ rights and provide comfort and justice to people who have suffered. This includes victim assistance programs, support services, and legal frameworks.

This investigation of victimology is a path toward building more understanding and compassionate cultures, not merely a scholarly endeavor. By comprehending the complexities of victimization, we may work to create safeguards against needless injury, strengthen support networks, and eventually contribute to a society in which people are protected from harm and those who have been harmed are able to find their way to justice and healing.

DEFINITION AND SCOPE OF VICTIMOLOGY

DEFINITION

Victimology is the scientific, interdisciplinary study of victims, victimization, and the intricate interactions between various elements that occur during and after damaging events. It looks beyond the conventional emphasis on criminal offenders and instead aims to comprehend the needs, vulnerabilities, and experiences of people who have been harmed. The field looks into the psychological, social, and legal aspects of victimization in an effort to understand its dynamics.

Victimology essentially puts victims at the center of research, looking at the reasons for and effects of their experiences. Its scope includes those impacted by accidents, disasters, and other traumatic events in addition to the study of crime victims.

SCOPE

The study of victim rights and interest protection is known as “victimology,” a significant area of criminal science. The victim and society as a whole suffer immediate harm from the offender. The goal of the legislation must be to compensate the victim for the harm that was done to him and to facilitate his rehabilitation. The victim is not a distinct entity. He needs to be considered in light of the criminal. Mendelsohn referred to the perpetrator and the victim as a “penal-couple.” The perpetrator injures someone’s body, psyche, reputation, or property.[1]

This subfield of victimology is concerned with those who have been victims of crime firsthand. Analyzing the trends, traits, and dynamics of crimes including assault, robbery, burglary, and other offenses is part of the scope. The study of criminal victimology aims to comprehend the experiences of individuals who become victims of crime, the circumstances that lead to their victimization, and the repercussions that follow.

Non-criminal victimology extends the definition of victimization beyond typical criminal acts to include victims of other non-criminal traumatic events, disasters, and accidents. This includes those who are harmed by industrial accidents, natural disasters, medical negligence, and other situations that might not have involved deliberate criminal activity. Comprehending the similarities and variations in the consequences of various types of victimization enhances the holistic viewpoint of the topic.

The methodical identification and classification of people who have been harmed is known as victimology. This technique considers contextual, social, and demographic elements that may increase an individual’s susceptibility to victimization, going beyond mere labeling. Knowing who is more likely to become a victim makes it easier to customize support networks and preventative strategies to meet individual needs.

Victimology encompasses the study of the underlying causes of victimization. Examining cultural standards, financial situations, and personal habits that could put oneself in danger are all part of this. Victimology examines the many facets of victimization at the same time, covering everything from short-term physical harm to long-term psychological trauma and hard financial times. It is essential to comprehend these causes and effects in order to create support systems and preventative tactics that work.

Victimology examines the ways in which civilizations react to victims both individually and collectively. This entails the creation of victim support programs, the enactment of laws protecting victims’ rights, and the application of measures meant to stop and deal with victimization. The field actively participates in the development and enhancement of systems that offer victims aid and justice in addition to its understanding of victimization.

Victimology gives the idea of secondary victimization a lot of weight. This has to do with the bad experiences victims could have in the criminal justice system or in general in society. The field of victimology encompasses the identification and resolution of these problems as well as the promotion of systemic adjustments that reduce the likelihood of retraumatization and foster an atmosphere that is more caring and encouraging.

HISTORICAL DEVELOPMENT OF VICTIMOLOGY[3]

The intriguing journey of victimology’s historical history shows how the focus has shifted from understanding the needs and experiences of victims to analyzing perpetrators. Key turning points in victimology’s historical evolution are as follows:

German criminologist Hans von Hentig’s work from the 1940s is where victimology first emerged. His groundbreaking study “The Criminal and His Victim” (1948) broke with conventional criminology by highlighting the significance of taking victims’ traits and actions into account while analyzing crime. Von Hentig’s methodology established the groundwork for a novel viewpoint that prioritized the victim over the perpetrator.

American sociologist Benjamin Mendelsohn significantly advanced victimology by building on the work of his mentor, the German sociologist Hans von Hentig. Mendelsohn further examined the interactions between victims and offenders in “The Victim and His Criminal: A Study in Functional Responsibility,” which was published in 1956. Mendelsohn advocated for a more thorough knowledge of crime and stressed the reciprocal relationship that exists between victims and criminals in his work.

The formalization of victimology as a separate field of study occurred in the 1960s. The term “victimology” was coined in 1963 by American criminologist and attorney Benjamin Garafalo to refer to the methodical examination of victims. During this time, victimology was acknowledged as a separate academic discipline with its own theories, methods, and goals.

Movements for victim advocacy saw a boom in the 1970s, as did public awareness of victims’ rights. The emphasis moved to the criminal justice system’s recognition and handling of victims’ needs. The National Organization for Victim Assistance (NOVA), among other groups, was founded in 1975, and the United States was instrumental in this initiative.

The Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power was endorsed by the UN in 1985. This global statement emphasized how crucial it is to acknowledge victims’ rights, offer assistance, and guarantee their involvement in court cases.

Restorative justice approaches, which prioritize mending harm and reestablishing connections between victims, offenders, and communities, saw a rise in popularity in the 1990s. Victim services have developed further, with a growing understanding of the value of providing victims with comprehensive care outside of the courtroom.

Victimology has changed over the past few decades due to technological advancements, improved research techniques, and a better knowledge of the many requirements that victims have. The field has grown to include those who have been impacted by accidents, disasters, and other traumatic occurrences in addition to victims of crime. The incorporation of victim impact statements into court cases and continuous initiatives to improve victim assistance programs highlight the continuous progress of victimology.

TYPES OF VICTIMIZATION[4]

Of course! Victimology includes a wide range of victimization, each with distinct traits and ramifications. An explanation of a few common forms of victimization is provided below:

  1. Victimization by Crime:

Criminal victimization is the term used to describe injury brought on by criminal acts. Typical kinds include of:

Victimization of this kind takes place in close or family ties. It includes mistreatment by a spouse or family member on a physical, emotional, or financial level. Abuse in personal relationships can take many forms, including abuse of the spouse, children, elderly, or other family members.

2. Victimization of Children:

Any violence or abuse aimed at children is considered child victimization. This can involve exploitation, neglect, emotional, sexual, or physical abuse. Victims who are children may have both short-term and long-term effects that compromise their general wellbeing.

3. Elder abuse:

Elder abuse can take many different forms, such as financial, emotional, or physical abuse, neglect, and exploitation. Elder abuse frequently takes place in institutional or caring interactions.

4. Sexual Assault:

Any non-consensual sexual behavior, from human trafficking to sexual assault and harassment, is considered sexual victimization. Long-term emotional suffering, as well as psychological and physical damage, can be experienced by victims of sexual abuse.

5. Hate Crimes:

Prejudice or hatred towards a specific group because of their race, religion, ethnicity, sexual orientation, or handicap is the driving force behind hate crimes. Because of their perceived identity, victims of hate crimes may be the subject of assault, harassment, or property destruction.

6. Victimization by Cyberspace:

The prevalence of cyber victimization has increased with the development of technology. This covers identity theft, cyberbullying, online harassment, and other types of cybercrime.

IMPACT AND CONSEQUENCES OF VICTIMOLOGY[5]

Victimology has several consequences and an impact on society, the judicial system, and individuals in different ways. For the purpose of creating efficient support networks, regulations, and interventions, it is essential to comprehend their ramifications. These are the main effects and repercussions:

By identifying and meeting the needs of those who have suffered damage, victimology empowers those who have done so. Victims are given a voice and their stories are validated through victimology research. This empowerment can be vital to the psychological healing of those who have experienced trauma and adds to their sense of agency.

Because victimology defends the rights and interests of victims, it has a significant influence on the development of legal systems. Victim impact statements in court proceedings, victim rights legislation, and the creation of victim services within the criminal justice system have all been impacted by this field. Legal systems seek to provide equitable treatment, access to justice, and meaningful participation for individuals impacted by crimes by prioritizing victims.

The term “secondary victimization” describes the additional trauma or injury that victims could encounter in society or the criminal justice system. Victimology emphasizes how crucial it is to create a caring and encouraging atmosphere in order to reduce the likelihood of subsequent victimization. This entails enhancing the way that law enforcement, legal experts, and other to reduce re-traumatization.

Victimology helps educate and raise public understanding of the effects of victimization. Victimology contributes to the development of a more knowledgeable and compassionate society by providing information about various forms of victimization, its effects, and the support services that are available. Raising awareness can result in less stigmatization of victims and more community involvement in meeting the needs of individuals who have been harmed.

The evolution of victim support services has been greatly aided by the study of victimology. Counseling, crisis intervention, legal advocacy, and help navigating the criminal justice system are all included in these programs. The goal of victim support services is to assist victims with their short- and long-term needs while encouraging their healing and fortitude.

The study of victims aids in the creation of laws that support justice and work to avoid victimization. In order to handle certain forms of victimization, law enforcement authorities should establish specialized units and implement regulations pertaining to crime prevention, victim compensation, and restorative justice methods.

VICTIM-OFFENDER RELATIONSHIP[6]

The correlation between victimization and criminal activity, commonly known as the victim-offender overlap, has been extensively studied. The majority of criminals are not victims of crime; yet, the majority of offenders have been victims. The precise figure of victim-offenders, or offenders who have been victims, is unknown, however victimization is a very common occurrence in society at large. According to the National Crime Victimization Survey (NCVS) conducted in 2016, there were 5.4 million violent victimizations among Americans. Youngsters are more likely to become victims than adults; 61% of youth under the age of 17 reported experiencing violence in the previous year, and 39% of children and their caregivers reported experiencing numerous direct victimizations.  According to a 2017 ICJIA research, 55% of Illinoisans reported having experienced victimization at some point in their lives. While theft or burglary are examples of non-violent crimes that victims of crime may encounter, the main focus of this article is violence exposure. Direct interpersonal victimization, bodily harm threats, and hearing or seeing violent acts are examples of exposure to violence. Individuals who have experienced victimization may have unfavorable physical, mental, and behavioral effects from it, and some may even go on to commit crimes. This article focuses on victimization that occurs prior to offenses, while it is acknowledged that offenses can also result in victimization. Through an analysis of the victim-offender overlap phenomena, professionals can get knowledge on how to mitigate past victimization in order to lower crime and recidivism rates. This paper provides guidelines for practitioners to address violent victimization and offending, as well as leading theoretical explanations for the victim-offender overlap and factors that influence victimization and offending.

VICTIM ASSISTANCE AND SUPPORT

Without a doubt, victim support and aid are essential elements of victimology, serving to meet the short- and long-term needs of those who have suffered harm. These services are essential in assisting victims in reestablishing their lives, navigating the legal system, and dealing with the fallout from victimization. Here is more information about victim support and assistance:

For victims coping with the shock and anguish of victimization, immediate support is frequently essential. Crisis intervention programs offer victims prompt attention to address their practical, psychological, and emotional needs. In order to support victims during the crucial early phases, trained professionals—such as victim advocates or crisis counselors—may provide crisis hotlines, emergency shelters, or on-site assistance.

Crime victims frequently endure trauma and psychological discomfort. Individual or group therapy is one type of counseling that aims to assist victims in managing symptoms associated with trauma, processing their feelings, and developing resilience. Psychiatrists that specialize in trauma-informed care are essential in helping victims who are coping with the psychological effects of their abuse.

For victims, navigating the criminal justice system can be difficult and frightening. Legal advocates support victims by explaining their rights, giving them information about court procedures, going to hearings with them, and helping them communicate with the legal system and law enforcement. Advocates strive to guarantee that victims receive compassionate care and that their opinions are acknowledged during the court proceedings.

Victim support programs enlighten victims about services and options that are accessible. This include educating victims about financial aid options, support groups, and other neighborhood resources that can help them heal. Giving victims access to thorough and easily understandable information gives them the power to make educated decisions about their own healing.

Victims of violent crimes can receive financial support through victim compensation programs offered by numerous jurisdictions. These programs might pay for lost wages, counseling fees, medical bills, and other financial losses that resulted directly from the crime. Advocates for victims can help victims with the application procedure for these types of compensation.

CASES

Rudul Shah Vs. State of Bihar[7]

In a case involving the victim’s long-term, unlawful confinement, the Supreme Court of Bihar ordered the Government of Bihar to provide Rudul Sah an additional Rs. 30,000 in compensation, which the court deemed to be of a “palliative nature,” in addition to Rs. 5,000. The court’s decisions dating back to the 1980s have consistently demonstrated their efforts and concern for comprehensive victim justice legislation. Many committees have been established to investigate this issue in further detail. According to the Law Commission and the Justice V. S. Mallimath committee, the state had to support victims out of its own resources and take into account their right to take part in legal proceedings.

Rattan Singh v. State of Punjab[8]

 The fact that the victims of crime escape the notice of the law is a shortcoming in our jurisprudence. In fact, victim compensation remains our criminal law’s vanishing point. This is a systemic flaw that has to be fixed by the legislature. There should be greater focus on this issue.

Maru Ram v. Union of India [9]

The duration of the jail sentence is not a kind of compensation for the injured or handicapped; rather, it is a cruel and pointless punishment that exacerbates the criminal’s societal responsibility to repair the harm or restore the loss.

 Dayal Singh v. Uttaranchal State

The goal of the criminal trial is to fairly try the accused, the victim, and the community. The courts perform the dual duty of preventing the guilty man from escaping punishment and ensuring that no innocent man is punished.

CONCLUSION

Victimology becomes apparent as an important field that not only clarifies the nuances of victimization but also actively participates in the development of all-encompassing reactions and preventative measures. As we examine the processes of victimization, it becomes clear that victimology is a transformational field that affects society attitudes, laws, and support networks in addition to being an academic endeavor.

Through a thorough investigation of different types of victimization, victimology allows for a more nuanced comprehension of the range of difficulties that people and communities encounter. By acting as a link between scholarly study and real-world applications, it promotes an all-encompassing strategy for dealing with crime’s consequences. Essentially, victimology is a developing field that acts as a compass to direct us toward a society that is more equitable and compassionate. Our understanding of victimhood is still evolving, but it will soon bring us one step closer to a time when all those who have suffered damage can actually live with empathy, justice, and support. Victimology continues to be a potent force in the fight for a society that upholds and protects victims’ rights and dignity through advocacy, research, and teamwork.

REFERENCES

[1] https://deepakmiglani.com/victimology-scope-importance-judicial/ VISITED ON JAN 26 2024

[2] https://study.com/academy/lesson/victimization-consequences-emotional-psychological-social.html visited on 27 Jan 2024

[3] https://edubirdie.com/examples/historical-development-of-victimology-and-its-importance-for-criminology/ visited on 28 Jan 2024

[4] https://www.pacific.edu/student-life/student-conduct/victim-advocacy-program/types-of-victimization VISITED ON JAN 28 2024

[5] https://www.crcvc.ca/docs/victimization.pdf visited on Jan 29 2024

[6] https://icjia.illinois.gov/researchhub/articles/the-victim-offender-overlap-examining-the-relationship-between-victimization-and-offending VISITED ON 29 JAN 2024

[7] 1983 AIR 1086 1983 SCR (3) 508 1983 SCC (4) 141 1983

[8]  1980 AIR 84 1980 SCR (1) 846 1979 SCC (4) 719

[9] 1980 AIR 2147, 1981 SCR (1)1196

Disclaimer: The materials provided herein are intended solely for informational purposes. Accessing or using the site or the materials does not establish an attorney-client relationship. The information presented on this site is not to be construed as legal or professional advice, and it should not be relied upon for such purposes or used as a substitute for advice from a licensed attorney in your state. Additionally, the viewpoint presented by the author is of a personal nature.

PDF 📄
Exit mobile version