Criminology

1.1 VICTIM

The victim as defined by Section 2 (wa) of Cr. P.C. is as follows:

“Victims” means persons who, individually or collectively, have suffered harm, including physical or mental injury,
emotional suffering, economic loss or substantial impairment of their fundamental rights, through acts or omissions that
are in violation of criminal laws operative within Member States, including those laws proscribing criminal abuse of
power.

A person may be considered a victim, under this Declaration, regardless of whether the perpetrator is identified,
apprehended, prosecuted or convicted and regardless of the familial relationship between the perpetrator and the victim.
The term “victim” also includes, where appropriate, the immediate family or dependants of the direct victim and persons
who have suffered harm in intervening to assist victims in distress or to prevent victimization.

1.2 VICTIMOLOGY

The term “Victimology” was first used by French lawyer Benjamin Mendelsohn in the year 1947. Justice J.N.Bhatt has
defined Victimology: victimology is a science of suffering and resultant compensation.

The dictionary meaning of victimology is as follow:

 The study of the victims of crime and the psychological effects on them of their experience.
 The possession of an outlook, arising from real or imagined victimization, that seems to glorify and indulge the
state of being a victim.

As it is mentioned in the meaning itself that it is psychology of the victim but it directly related to the behavior of the
offender or the accuse. The theory of victimology deals with this aspect very well.

As victimology is the relation between the offender and the victim, there can be two major sub-areas in the field of
victimology.

 The first is based on the nature of the relationship between the victim and the offender and it relates to the
scientific study criminal behavior.
 The other sub-area deals majorly with the role of the system of compensation and restitution to the victim.

In Rattan Singh v. State of Punjab, Krishna Iyer, J. held that:

It is a weakness of our jurisprudence that the victims of the crime do not attract the attention of law. Indeed, victim
reparation is still the vanishing point of our criminal law. This is a deficiency in the system which must be rectified by
the legislature. A more attention should be drawn to this matter.

1.3 TYPES OF VICTIMS

According to Mendelsohn, there are following kinds of victims.-

(1) Completely innocent victims e.g. infants and children without realising what is being done to them.
(2) Victims with minor guilt e.g. the pregnant women going to quacks for abortion and dying at their hands.
(3) Victims guilty equal to the offender e.g. in sexual relations.
(4) Victims more guilty than offenders e.g. those who abet the crime against themselves.
(5) The most guilty types of victims e.g. rapists who commit the crime and are harmed or killed by the victim acting
in self defence.
(6) Simulating or pretending victims e.g. paranoids, hysterial and senile persons giving evidence in the courts for
securing conviction of the accused.
According to Walter Reckless, the victims are of following kinds-

(1) Reporting victims.-These are the victims who are willing to report the crimes against them.
(2) Non-reporting victims.-These are the victims who are not willing to report the crimes as of fear of reprisal or
social consequences

According to Fattah victims are of following kinds.-

(1) Participating victim,

(2) Non-participating victim,
(3) Provocation victim,
(4) Latent victim,
(5) False victim.

According to Wolfgang, there are following kinds of victims.-

(1) Personal or individual victims.

(2) Impersonal victims e.g. a thief in a departmental store or a person travelling without a ticket on a roadways bus.
(3) Tertiary victims, affecting the public or administration.
(4) Mutual victims e.g. adulteress intercourse.
(5) Victim not immediately recognizable.

1.4 VICTIMIZATION

Perhaps the first theory to explain victimization was developed by Wolfgang in his study of murders in Philadelphia.
Victim precipitation theory argues that there are victims who actually initiated the confrontation that led to their injuries
and deaths. Although this was the result of the study of only one type of crime, the idea was first raised that victims also
might play a role in the criminal activity.

Victimization is a highly complex process encompassing a number of possible elements.

 The first element (often referred to as ‘primary victimization’) comprises whatever interaction may have taken
place between offender and ‘victim’ during the commission of the offence, plus any after effects arising from
this interaction or from the offence itself.
 The second element encompasses ‘the victim’s’ reaction to the offence, including any change in self-perception
that may result from it, plus any formal response that s/he may choose to make to it.
 The third element consists of any further interactions that may take place between ‘the victim’ and others,
including the various criminal justice agencies with whom s/he may come into contact as a result of this
response. Where this interaction has a further negative impact on the victim, it is often referred to as ‘secondary
victimization’.

1. Primary victimization

The ‘primary victimization’ phase of the process, it may be helpful to begin by distinguishing between the ‘effects’ or
consequences that are known to result from crimes of different kinds and their ‘impact’ on victims themselves. Certain
crimes entail physical effects, which are likely to involve some degree of pain and suffering, and may also entail loss of
dexterity, some degree of incapacity and/or possible temporary or permanent disfigurement. Many crimes also have
financial effects, which may be either direct. Very often crime can result in additional costs that might be incurred, for
example, in seeking medical treatment or legal advice, or loss of income as a result of attending to the crime and its
aftermath, or possible loss of future earning potential. Certain crimes can also have psychological and emotional effects
upon victims including depression, anxiety and fear, all of which can adversely affect their quality of life.

2. Secondary victimization

Secondary victimization refers to the victimization that occurs not as a direct result of the criminal act but through the
response of institutions and individuals to the victim. Institutionalized secondary victimization is most apparent within
the criminal justice system. At times it may amount to a complete denial of human rights to victims from particular
cultural groups, classes or a particular gender, through a refusal to recognize their experience as criminal victimization.
It may result from intrusive or inappropriate conduct by police or other criminal justice personnel. More subtly, the
whole process of criminal investigation and trial may cause secondary victimization, from investigation, through
decisions on whether or not to prosecute, the trial itself and the sentencing of the offender, to his or her eventual release.
Secondary victimization through the process of criminal justice may occur because of difficulties in balancing the rights
of the victim against the rights of the accused or the offender. More normally, however, it occurs because those
responsible for ordering criminal justice processes and procedures do so without taking into account the perspective of
the victim.

3. Re – victimization

Crime is not distributed randomly. According to a recent estimate, based on data from the British Crime Survey, 44%
of all crime is concentrated on 4% of victims. (Farrell and Pease, 2001) The following table shows the proportion of
victims in this source who will be a victim of a similar offence within a year of the event. Some of the repeat
victimization is due to the victim living or being associated with the offender. Wife battering tends to happen more than
once to the same victim who continues to live with the same man. This is also true of sexual incidents.

Some of the repeat victimization in property offences is due to the location of the victim or their residence. Those who
live close to a concentration of potential offenders in residences that are unprotected are particularly at risk of repeat
victimization. Repeat victimization is disillusioning to victims who report their experience to the police and the criminal
justice system because they were not protected. Being victimized a second time increases the psychological trauma of
the event.

4. Self victimization

In this category person himself commits such act which result in his own victimization we can say up to certain extent
that it can be included in repeat victimization only as it result from wrong persons company, wrong habit, etc.

1.5 VICTIM OF CRIME AND VICTIM OF ABUSE OF POWER

The UN Declaration treats a person as a victim in two situations namely i) victims of crime and ii) victims of abuse of
power. The first category covers those cases where injury is inflicted by any other person whereas the second category
of victimization is a result of state action

In general, crime victims are those people most directly affected by crime. Even if an offender is never found, the person
who has been victimized should still be considered a victim. It is a myth that if no offender is caught, then no victim
exists. Family members, friends and others who care about the victim may also be affected when a crime is committed.
These people, along with the victim, may need information and support.

It can be appreciated that in contrast to the concept of victims of crime just quoted, in the case of victims of abuse of
power the standard of victimisation is constituted by the violation of norms relating to human rights.

Following rights have been granted to the victims of crime under the Declaration:

Justice and Fair Treatment

It is stated that the victim should be treated in a dignified manner, and they have the right to speedy remedy and justice
under the laws of the nation. It is also essential to provide proper information to the victim regarding his role, scope,
and progress of the proceeding of their case. It is also important to note the concerns and the views of the victim without
being prejudicial to the accused. The victim should also be given all the necessary legal aid during the ongoing
proceedings. Ensuring safety and protecting the privacy of the victim has also been given due attention.

Restitution

Any third-party or offender who is responsible for the predicament of the victim should provide restitution to the victim
and his/ her dependents. The Government should also consider the concept of restitution as a method of punishment,
apart from other forms of sanctions.
 Compensation

Sometimes, the offender cannot fully restitute the victim for his losses. In such cases, the government should seek to
provide some monetary compensation to the victim and his dependents, who are also affected, so that the victim can
start a new life without any further problems. The state should set up a separate fund, which is specifically for the victim.

1.6 IMPACT OF VICTIMISATION

The Emotional Impact of Victimization

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 revenge or getting even. Hate may even
felt by victims. 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 and victims should consult their family
physician about it as soon as possible.

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, call for help or run away. After
the crime, victims may continue to feel frustration if they cannot access the support and information that is necessary to
their healing.

Confusion – Victims of crime may become confused if they are unsure of what actually happened, as crimes often occur
quickly and are chaotic. Victims might also become confused while searching for answers to questions like “why did
this happen to me?” It may be impossible to find out why someone else intended to hurt them.

Guilt or self-blame – Blaming oneself is common. Many victims believe they were “in the wrong place at the wrong
time.” If the victim does not have someone to blame, they will often blame themselves. Guilt is also common when no
offender is found. Later on, when reflecting upon the crime, victims might feel guilty for not doing more to prevent
what happened. Lastly, some victims will experience ‘survivor guilt’ – they feel guilty that they survived while someone
else was injured or even killed. If a loved one is murdered, surviving family and friends may even blame the victim.
Too often, society blames victims as well.

Shame and humiliation – Sadly, some victims blame themselves, particularly victims of sexual abuse/assault or
domestic violence. In crimes involving sexual acts, offenders often degrade the victim by making them do humiliating
things. Victims of rape, for example, have long-lasting feelings of “being dirty”, and those feelings cannot be “washed
away.” Some victims even feel self-hatred because they believe that they can no longer be loved by those who are close
to them.

Grief or Sorrow – Intense sadness is often the most powerful long-term reaction to crime. It is common for victims to
become depressed after a crime occurs.

The Physical Impact of Victimization

At the time of the crime, or upon discovering that a crime has occurred, victims are likely to experience a number of
physical reactions. These may include an increase in the adrenalin in the body, increased heart rate, hyperventilation,
shaking, tears, numbness, a feeling of being frozen or experiencing events in slow motion, dryness of the mouth,
enhancement of particular senses such as smell, and a ``fight or flight'' response. It is also common for people to lose
control over their bowel movements. Some of these physical reactions may occur immediately and others may occur
after the danger has passed. Physical reactions to crime can be so powerful that they reoccur quite some time after the
crime, for example with the victim’s memory of the events.

Physical injuries that result from crime may be classified as: minor (bumps, scratches), moderate (bruises, broken
bones), and severe (stabbing, gun shot wounds). Some physical injuries will be visible, while others will not. It may not
be possible to see all physical injuries such as internal organ injuries or a brain injury, or those internal injuries caused
by a sexual assault. Also, physical injuries arising from victimization 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. It is important not to assume that a victim is uninjured simply because there are no visible signs.

After the crime, victims may suffer a range of physical effects including insomnia, appetite disturbance, lethargy,
headaches, muscle tension, nausea, and decreased libido. It is common for these reactions to persist for some time after
the crime has occurred.

The Financial Impact of Victimization

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.
 Funeral or burial expenses.

The Psychological Impact of Victimization

It is almost impossible to predict how an individual will respond to crime. Psychological injuries created by crime are
often the most difficult to cope with and have long-lasting effects. As crime is usually experienced as more serious than
an accident or 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.

Common reactions to crime can be split into four stages:

 The initial reaction may include shock, fear, anger, helplessness, disbelief and guilt. As mentioned previously,
some of these reactions may reoccur at a later stage as well, for example when attending a trial or going to
hospital for medical treatment.
 A period of disorganization may follow these initial reactions. This phase may manifest itself in psychological
effects such as distressing thoughts about the event, nightmares, depression, guilt, fear, and a loss of confidence
and esteem. Life can seem to slow down and become meaningless. Previously held beliefs and faiths may no
longer provide comfort. Behavioral responses might include increased alcohol or substance abuse,
fragmentation of social relationships, avoidance of people and situations associated with the crime, and social
withdrawal.
 The third stage is reconstruction and acceptance, which leads to the fourth stage of normalization/adjustment.
Victims often try to come to terms with crime by longing for everything to be as it was before and to turn the
clock back. In this crucial stage of recovery victims begin to fully accept the reality of what has happened.
 Victims may try to reinterpret their experience and possibly find an explanation for what has happened or to
decide that the crime has lead to personal growth.

1.7 SECONDARY VICTIMISATION

Secondary victimization refers to the victimization which occurs, not as a direct result of the criminal act, but through
the response of institutions and individuals to the victim.

The following are a few examples of secondary victimization:

 The refusal to recognize their experience as criminal victimization.

 Intrusive or inappropriate conduct by police or other criminal justice personnel.
 The whole process of criminal investigation and trial (decisions about whether or not to prosecute, the trial
itself, the sentencing of the offender, and his or her eventual release).
 The victim perceives difficulties in balancing their rights with those of the accused or the offender.
 Criminal justice processes and procedures do not take the perspective of the victim into account.
 Relatives may have restricted access to the body of a loved one due to hospital policies and procedures.
 The hurried schedule of the emergency room may affect a sexual assault victim's privacy or sense of dignity.
 School personnel may discount child disclosure of abuse.
 Doctors may not acknowledge signs of spouse abuse.
 Spiritual leaders may attempt to guide victims into paths of forgiveness or accommodation before they are ready
or against their wishes.
 Intrusive or inappropriate investigation and filming, photographing, and reporting by the media.