IMPACT OF
VICTIMIZATION
SUBMITTED TO - SUBMITTED BY –
MR. RASHEED C. A. MOHD MALIK
CHAUHAN
ASSISTANT PROFESSOR 3 RD YEAR 5th sem.
(REGULAR)
JAMIA MILLIA ISLAMIA STUDENT ID-20182924
NEW DELHI
ACKNOWLEDGMENT
This project would be incomplete without expressing my gratitude towards the people who
made it possible for me to finish it on time and with accuracy.
Firstly, I would like to thank our Criminology, Penology and Victimology Assistant professor
Mr. Rasheed Sir for giving me the requisite guidelines and helping me in fulfilling the
loopholes of my project. Secondly, I would like to thank my family member‘s friends who
constantly gave me advice on the quality of information and helped me in completing my
project.
Lastly I would like to thank our library staff for helping me in collecting the material and the
required books for the project.
Mohd Malik Chauhan
VICTIMIZATION IN CRIMINAL JUSTICE SYSTEM
INTRODUCTION
The impact of victimisation is a direct reaction to the outcome of crime. The sufferings and
harm that the victims of crime experience maybe grouped into three distinct categories:
physical, financial and psychological. The U.N Declaration on The Basic Principles of Justice
for Victims of Crime and Abuse of Power is the first major effort by the United Nations to
spell out specifically the rights of victims of crime and abuse of power and the obligation of
the Nations and Governments to protect and ensure these rights. The UN Declaration thus
embraced a broad concept of harm, including physical or mental injury, emotional suffering,
economic loss and substantial impairment of fundamental rights suffered due to acts or
omissions that are in violation of criminal laws including laws which proscribe criminal
abuse of power Research shows that when the victims do not receive the suitable treatment in
the aftermath of the crime, the physical, financial psychological impact of the victimisation
causes long lasting damage. The necessary physical, financial and psychological support and
appropriate assistance help them reconcile with their victimisation and move forward. The
assistance they need maybe provided by the criminal justice system or by the
nongovernmental organisations. When the system that has caused their victimisation, in the
first place by failing to protect them from the crime, once again victimising them, by failing
to provide the necessary assistance, they suffer ‘secondary’ victimisation.
CONCEPT OF VICTIM1
The role, importance and visibility of the victim have varied greatly in human societies.
These variations reflect the historical evaluation of legal concepts, as well as diverse
approached to the interpretation of such notions as that of individual responsibility.
The concept of the victim is an ancient one that is found in many cultures and that is
inextricably intertwined with religious sacrifice. Early religious rituals from all parts of the
world embody the idea-and often the practice-of divine, human or animal sacrifice. Epics and
mythology offer numerous examples of symbolic sacrifices of victims. Before societies
1
Gale, J., & Coupe, T. (2005). The behavioural, emotional and psychological effects of street
robbery on victims. International Review of Victimology, 12(1), 1–22.
created law or rules, law and order originated in the individual. The victimized person
himself chooses the offender’s punishment and, if possible, inflicted it. Revenge was the
driving force of such individualist justice, and deterrence was its chief aim. The need for
security as well as the desire to prevent future attacks often meant that pre-emptive raids were
conducted. Thus, in early societies the relationship of criminal and victim basically reflected
a raw struggle for power and survival, and the right of the individual victim to take
vengeance was of paramount importance.
DEFINITION OF VICTIM2
The connotations of term ‘victim’ vary in different legal, social, psychological or
criminological contexts. The penal codes of the erstwhile USSR describe the victim as
follows.
Those who have as a direct result of a crime suffered moral physical or material damage;
1. Those who have suffered physical, moral, or material damage throw and attempted
offence;
2. Those whose material damage caused by the crime was made good after the crime,
either by the criminal himself or with the help of Militia or of an individual action;
3. Close relation of person who died as a result of a crime.
From the legal stand point, Fattah (1966) observed-
The Victim may be specific such as physical or moral person (Corporation, State, and
Association) or non specific-and an abstraction.
Quinney (1972)-
“The victim is a conception of reality as well as an object of events. All parties involved in
sequence of actions construct the reality of the situation. And in the larger social contacts, we
all engage in common sense construction of the crime, the criminal, and the victims”
Separovic (1975) stated-
2
Walklate, S. (2007). Imagining the victim of crime. Berkshire: Open University Press.
“We consider a victim as anything, physical or moral person who suffers either as a result of
ruthless design or accidentally. Accordingly we have victim of crime or offence and victims
of accidents.”
Castro(1979)-
“A Victim is a variable of crime or is an accident producing factor for others and for him.”
Impact of Victimisation:3
The impact of crime victimisation generally is experienced in atleast three difference ways.
Some victims suffer physical injuries or psychological consequences. The impact of crime
tends to shatter social relationships and community bonds. Individual victims bear the
immediate consequences, but society bears an intrinsic cost. The negative impact of
victimisation will undoubtedly take a long-range toll and require intervention and long-term
prevention strategies. The physical impacts of the crime experienced by victims may be
apparent as bruises, black eye, slashes, contusions, cuts, bruises or broken limbs, broken
nose, cheekbone or jawbone and damage to or loss of teeth, but the physical injuries resulting
from victimisation may not always be immediately apparent. This may be particularly true in
cases of domestic violence where the injuries occur on parts of the body that are normally
clothed. Traumatic brain injury occurs when the victims are repeatedly beaten or tortured on
the head or suffer injurious car crashes. Facial injuries are by far the most frequent results of
physical assault other than domestic violence. Some victimisation will result in mutilations,
dismemberment or internal injuries. Physical injuries often are permanent. Physical scars or
chronic pain serve as a constant reminder of the crime. Cultural, gender and occupational
factors may affect the individual’s reaction to permanent scarring or disability, as will the
reaction of others to any visible reminders.
Internal injuries:
The other not so obvious, internal physical impacts of crime, include among many others
palpitation, an increase in the adrenalin in the body, increased heart rate, hyperventilation,
shaking, tears, numbness, a feeling of being frozen, experiencing events in slow motion,
3
Ganzini, L., McFarland, B. H., & Cutler, D. (1990b). Prevalence of mental disorders after
catastrophic financial loss. The Journal of Nervous and Mental Disease, 178(11), 680-685 of
dryness of the mouth, enhancement of particular senses, such as smell, and a “fight or flight”
response.
It is common for people to lose control over their bowel movements. Some of these physical
reactions may not occur until after the danger has passed. They may recur at a later stage
when the memory of the crime returns. After the crime, victims may suffer a range of
physical effects, including insomnia, appetite disturbance, lethargy, headaches, muscle
tension, nausea and decreased libido. Such reactions may persist for sometime after the crime
has occurred. There is some evidence that victims of attempted homicide contract chronic
diseases including cancer, heart disorders and diabetes.
The Financial Impact of Victimization4
Victims who may have money stolen, or possessions stolen or damaged have been financially
injured. In many cases, stolen money and prized possessions are never recovered.
Understandably, this is very distressing to victims who may feel guilt, anger, and frustration
if they are unable to recover a family heirloom. Although the financial impact of crime is less
documented than the physical, emotion or social impacts, victims may certainly incur costs in
the following ways:
- Repairing property or replacing possessions.
- Higher insurance premiums as a result of victimization.
- Installing security measures.
- Accessing health services
- Medical expenses.
- Participating in the criminal justice system, for example traveling to court, child
care and attending the trial.
- Obtaining professional counselling to come to terms with the emotional impact.
- Taking time off work or from other income generating activities.
4
Jones, C. (2002). Victim perspective of bank robbery trauma and recovery. Traumatology, 8, 191-
204
- may feel a need to move
- Funeral or burial expenses for families of homicide victims.
- Marital and other relationships are also likely to be affected by crime and this
may have a significant effect on the family's financial position.
- Communities and organizations can also be victimized leading to their
deterioration overtime.
Research shows that those already touched by prior victimization are particularly susceptible
to subsequent victimization by the same or other forms of crime. These repeat victims are
often found to reside in high-crime communities in many countries.
The psychological impact of Victimization5
Crime is usually experienced as more serious than an accident or similar misfortune. It is
difficult to come to terms with the fact that loss and injury have been caused by the deliberate
act of another human being. At the same time, it is evident from research and experience that
it is impossible to predict how an individual will respond to a particular crime. The
psychological impact of victimization is (Shock, disbelief and denial – Initially, victims may
find it difficult to believe they have become a victim of crime. They may even pretend that it
did not happen at all. These reactions can last for a few moments or they may be present
for months and even years. It is not uncommon for victims to assume a ‘childlike’ state and
may even need to be cared for by others for some time. It is also common for victims to feel
as though the crime occurred when they were in a dreamlike state. Once the initial shock of
the crime has worn off, victims may experience other emotions such as anger, fear,
frustration, confusion, guilt, shame, and grief.
Anger or rage
Victims may be angry with God, the offender, service providers, family members, friends,
the criminal justice system, or even themselves. Many victims experience strong desires for
5
Buchanan, T., & Whitty, M. (2014). The online dating romance scam: Causes and consequences of
victimhood. Psychology, Crime & Law, 20(3), 261-283.
revenge or getting even. These strong emotions are often disapproved of by the rest of
society, which can leave the victim feeling like an outcast. It is certainly justified for victims
to feel anger toward the person or people who harmed them.
Fear or Terror
It is common for victims to feel terror or fear following a crime that involved a threat to
one’s safety or life, or to someone else a victim cares about. Fear can cause a person to have
panic attacks if they are ever reminded of the crime. Fear can last for quite some time
following the commission of a crime and under certain circumstances, it can become
debilitating. Fear or terror that becomes overwhelming is unhealthy.
Frustration
Many victims are frustrated by the feelings of helplessness or powerlessness that surface
when the crime takes place. This can be especially true if victims were unable to fend off an
offender, calling for help or run away or if they cannot access the support and information
that is necessary to their healing.
THE VICTIM AS VICTIM OF THE CRIMINAL JUSTICE SYSTEM 6
Students and professionals in the criminal justice system have become increasingly aware
that the victim of a criminal often becomes the victim of criminal justice system as well as
once the victim reports his victimization to the police-the gateway to the criminal justice
system-he routinely faces postponements, delays, rescheduling, and other frustrations. All
their means loss of earnings, waste of time, payment of transportation and other expenses,
discouragement, and the painful realization that the system does not live up to its ideals but
instead serves only itself. Many believe that the victim is the most disregarded participant in
criminal justice proceedings. In practice, after the victim has reported his victimization and
provided information to the police, he may not hear from the police or the prosecutor for a
long time, if ever, cases are disposed of without any consultation with the victim if and when
the victim is called for the trial, he is treated simply as the witness for the state and is subject
to long delays, postponements, and other frustrating experiences.
6
Haward, L. R. C. (1979). Psychological consequences of being the victim of a crime, paper
presented at SSRC Law and Psychology Conference, Trinity College, Oxford, September, 1979
Newly focused attention has brought professional recognition to the victim’s plight at the
hands of the criminal justice system: As a result, innovative proposals have been
implemented to create victim assistance programmes, to provide the victim with legal and
social referral services, to honor his right to be consulted and to offer his opinions when the
prosecutor plea bargains with the accused, and to totally revamp the compensation-restitution
idea. Some police departments report to victims the progress being made in investigating and
solving their cases, and communities may provide such services as rape crisis centers and
spouse abuse shelters to assist crime victims by intervening in the crisis and referring the
victims to community and others resources in the case of rape, the women’s movement has
spurred victimologists-mostly males-to give more equitable and balanced attention to the
issues surrounding what some have called “the most despicable but least punished crime.”
Attention to the victim calls for an examination of the appropriate remedies for
victimization. Too often the remedies offered to poor victims reflect middle-class values. The
victim’s point of view should be sought when systems are developed for compensating crime
victims, and the concept of relative loss should be introduced in debate and deliberations for
compensation.
VICTIM SERVICES
The development of new programs and legislation has resulted from the study of victims.
Such programs have included:
i. Victim compensation programs, in which the state pays some of the financial costs of
the victim, particularly with respect to violent crime
ii. Court services, which provide information and assistance to victims
iii. Crisis intervention and counselling programs for victims, particularly in the case of
rape
iv. Self-protection programs that teach people how to avoid victimization (target
hardening) and how to mobilize as a community to prevent victimization (such as
neighbourhood watch)
There has also been an ongoing debate about victim's rights, and what those rights ought to
be. Should relatives of victims be allowed to speak and discuss the impact of the crime at
parole hearings or at death penalty hearings? (Many states now provide for this measure).
Should citizens be warned when an ex-felon moves into their neighbourhood? Some people
believe that they should have the right to know and protect themselves. Others believe that
the felon has completed his punishment and should be allowed the opportunity to rehabilitate
himself without potential harassment from others.
This issue has been particularly debated with respect to "Meghan's Law," a law proposed by
the parents of a child murdered by a child molester. The perpetrator had a prior history of
molestation, and lived in Meghan's neighbourhood. The parents maintained that had they
known of his past, they would have taken more precautions. The proposed law, which has
been passed in some states, allows neighbourhood residents to be informed when a sex
offender moves into their neighbourhood. There has been controversy because some former
offenders have been driven from neighbourhoods, and have difficulty finding a place to live--
and who have served their sentences. These issues are far from resolution.
CONCLUDING REMARKS
The victim is essentially an inseparable part of crime. Therefore the phenomenon of crime
cannot be comprehensively explained without incorporating the victim of a crime. Crime
victim, despite being an integral part of crime and a key factor in criminal justice system,
remained a forgotten entity as his status got reduced only to report crime and appear in the
court as witness and he routinely faces postponements, delays, rescheduling, and other
frustrations. All their means loss of earnings, waste of time, payment of transportation and
other expenses, discouragement, and the painful realization that the system does not live up to
its ideals and does not serve its constituency, but instead serves only itself. Many believe that
the victim is the most disregarded participant in criminal justice proceedings. It is, therefore,
the Indian Higher Courts have started to award the compensation through their writ
jurisdiction in appropriate case.
