VICTIMOLOGY

Crime affects a large number of victims

physically, socially, financially or
emotionally. For a long time, the victims
have been a "forgotten person" in the
criminal justice administration.

Benjamin Mendelsohn is credited with

being the first to study the relationship
between victim and doer (offender) and
taken together, he termed the two as the
"penal couple". He for the first time coined
the term ‘Victimology’ in the year 1947.

Dr. Hans Von Hentig, a lawyer and Dr.

Henry Ellenberger, a psychiatrist, are
other two pioneers of the field of
victimology.

These two treated victimology as a part of

criminology since it relates to causation
and prevention of crime while Mendelsohn
thought it to be a separate discipline
having regard to its aim and structure.

The word "victimology" consists of two

words. One is Latin word victima and the
other is Greek word logos. Victima means
victim and logos means a system of
knowledge.

VICTIMOLOGY - Definition &

Meaning
Victimology may be defined as the
scientific study of victimization, including
the relationships between victims and
offenders, the interactions between
victims and the criminal justice system;
i.e., the police and courts, and correctional
officials. It also includes connections
between victims and other social groups
and institutions such as the media,
businesses and social movements.
However, the term victimology is not
restricted to the study of crime-victims
alone but it may extend to other forms of
human rights violations that are not
necessarily crimes.

Victimology may be defined as a study of

people who experience injury or hardship
due to any cause. Such injury or harm may
be physical, psychological, emotional or
financial.

Victimology is primarily concerned with

the study as to why people fall a victim to
crime and how they can be helped and
assisted against abuse of power or
criminal acts of offenders through access
to criminal justice system. The study also
outlines the steps to be taken to prevent
victimization against crimes and provide
legal remedies to the victims of crime.
The study of victims and specially the
reasons why some people are more
vulnerable to victimization than others,
constitutes the core subject of study for
victimologists around the world.

VICTIM – Definition & Meaning

The term ‘victim’ in general parlance refers
to all those who experience injury, loss or
hardship due to any cause and one of such
causes may be crime.

UN DECLARATION OF PRINCIPLES OF
JUSTICE FOR VICTIMS OF CRIME &
ABUSE OF POWER (1985)

United Nations General Assembly on 29

November, 1985 adopted this Declaration.
It is treated as Magna Carta of Rights of
Victims globally. This Declaration deals
with certain important aspects of problems
of victims of crime including victims of
abuse of power.

ARTICLE 1 - "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.

ARTICLE 2 - 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 dependents of the direct victim and
persons who have suffered harm in
intervening to assist victims in distress or
to prevent victimization.

The Declaration of 1985 places victims

under two heads –
1. Victims of Crime
2. Victims of Abuse of Power

VICTIMS OF CRIME
The expression ‘victims of crime’ refers to
any person, group or entity who has
suffered injury, harm or loss due to illegal
activity of someone. Such a person may be
called a ‘primary victim’ of crime. Besides,
there may also be ‘secondary victims’ who
suffer injury or harm as a result of injury
or harm to the primary victim.

There may also be tertiary victims who

experience harm or injury due to the
criminal act of the offender. The term
‘tertiary victim’ means another person
besides the immediate victim, who is
victimized as a result of the first person’s
action.

The rights of the victims of crime are:-

1. Access to justice and fair
treatment (Art. 4-7)

2. Restitution (Art. 8-11)

3. Compensation (Art. 12-13)

4. Assistance (Art. 14-17)

VICTIMS OF ABUSE OF POWER
The expression ‘abuse of power’ denoted
acts or omissions that do not constitute
violation of criminal law but are
nevertheless recognized to have been
committed against the norms relating to
human rights by persons/authorities in
power.

ARTICLE 18 - "Victims of abuse of power"

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 do not yet
constitute violations of national criminal
laws but of internationally recognized
norms relating to human rights.
THEORIES OF VICTIMOLOGY

Theory of ‘victim precipitation’ means

blaming the victim himself/herself for
his/her victimization and suffering, e.g. –
unwanton (unusual) posture or indecent
exposure of women in public place.
However, with the advance of
victimological studies, the theory of ‘victim
precipitation’ came to be perceived as a
negative approach to victim because it
only focused on how victim’s own
contribution led to his victimization.

Marvin Wolfgang, opposed the theory of

‘victim precipitation’ or ‘victim blaming’.
He laid down the theory of ‘victim
facilitation’. He did not blame the victim
but asserted that the interactions of the
victim made him/her vulnerable to a
crime. Thus, the idea behind victim
facilitation is to study the elements that
make victim more accessible or vulnerable
to a crime attack.

Just as certain persons are thought to

have a high probability of indulging in
criminal behavior, so also some others
may have a greater likelihood of being
victimized.

Von Hentig made the first ever study of

the role of victims in crime and found some
general characteristics among them which
may be summarized as follows:-
1. The poor and ignorant immigrants
and those who are requisite or greedy
are the victims of offences involving
frauds.
2. Quite often, the victims of larceny
(theft) are intoxicated or sleeping
persons.
 3. The depressed or apathetic person
is a victim because he is “deprived of
warning posts” and is indifferent to
harm or injury “in prospect”.
4. Wanton or sensual persons may
become victims due to situations
precipitated by themselves.

5. A lonesome and heartbroken person

may become especially vulnerable
because of the loss of crucial faculties
in him.

Later, Cohen and Felson (1979) came

out with their ‘Routine Activities
Theory’, which pre-supposes that a crime
occurs when three conditions come
together, namely:-
1. Suitable target
2. Motivated offenders
 3. Absence of security or parental care
or guardianship.

Mendelsohn studied victims on the basis

of their contribution to crimes and
classified them into following categories:-
1. Completely innocent victims, e.g.,
children, persons in sleep.
2. Victims with minor guilt and victims
of ignorance such as pregnant women
who go to quacks for procuring
abortion.

3. Voluntary victims, such as the ones

who commit suicide or are killed by
euthanasia.

4. Victims who are more to blame than

the offenders, such as persons who
provoke others to commit crimes.
 5. The criminal type of victims who
commit offences against others and get
killed or hurt by others in self-defence.

Canadian criminologists Abdel Fattah has

classified victims of crime into five major
categories as follows:-
1. Non-participating victims – are
those who are completely innocent.
E.g. - Female Infanticide, Miscarriage,
Kidnapping.
2. Latent victims – are those who
have fallen a prey to a crime but do not
know that they are in any way effected
thereby. E.g. - Blackmailing.

3. Provocative victims – are those

who are provoked by offender to
commit the act. E.g. – dowry death
4. Participating victims – E.g. – sati,
cyber-crimes.

5. Defiant or retaliating victims –

Certain crimes by their very nature are
such that the victim does not readily
yield to the offence and retaliates to
the extent possible to see that the
offence is not committed by the
perpetrator, but eventually fails in his
effort to avoid the occurrence of crime.
E.g. – rape, robbery, dacoity, domestic
violence.
 RESTORATIVE JUSTICE FOR CRIME
VICTIMS
Earlier the theories of retribution and
preventive were being followed. However,
with time this thinking changed and now
focus shifted to restorative justice in which
the offender, the victim and the
community as a whole is being involved, in
order to to ensure a balance between
offender’s punishment and protection of
victim’s rights. Compensatory relief to
victim is the ‘key-feature’ of restorative
justice system.

The concept of restorative justice is woven

around four major themes, namely –
1) Restoration – It implies help and
support to victim of crime, whether the
offender is apprehended and arrested
or not. The victim is restored to normal
 life in society by community’s
restorative efforts. Similar restoration
of offender to community is also a part
of restorative process wherein the
offender is made to realize and
acknowledge the harm or injury caused
by him to the victim and show
willingness to be accountable for his
wrongful action and redress the harm
or sufferings of the victim.

2) Accountability - The process of

victim-offender mediation leads the
offender to accept accountability for
harmful consequences of his criminal
act on the victim and he makes amends
to the victim and also to the
community. Accountability of the
offender and acceptance of guilt by
him, has a soothing effect on the victim
which facilitates overcoming trauma
 and distress caused due to his
victimization. It is a positive approach
involving both, offender and the
victims to understand each other.

3) Community Protection –
Community surveillance provides best
opportunities to the offender to
rehabilitate and reform himself and
channelize his energy into productive
activities. For victim, community’s
protection and assistance greatly helps
in his return to normal life, forgetting
the past and look for the bright future.
It provides him moral strength to
withstand the sufferings and
consequences of his victimization.

4) Skill Development – Vocational

training provides opportunities for the
offender as also the victim to develop
new skills which may help in his
 restoration and rehabilitation.
Competency of development
programmes constitutes a vital
segment of the restorative justice
system.

VICTIM’S ASSISTANCE
PROGRAMME
The UN hand book on ‘Justice for
Victims’, published by Centre for
International Crime Prevention, New
York in 1999, has outlined a
comprehensive victim assistance scheme
for the redress, relief and rehabilitation of
the victims of crime.
The main objectives of the Victim’s
Assistance Programme are:-
 i. The governments and voluntary social
service organizations should come
forward to assist the victims of crime in
their restoration and rehabilitation.

ii. The services and assistance for victims

should not be confined only to the
immediate injury, harm or deprivation
of rights but should extend further
throughout the aftermath.

iii. Efforts should be made to expand

victim’s opportunity to participate in
criminal justice process and the courts
should also realize the impact of crime
upon the victim and his family.

iv. Developing community support to

crime victims by mustering co-
operation of all appropriate agencies,
organizations, groups, social activities,
 etc. Services affecting the treatment of
victims should also be strengthened.

v. Criminal justice system should

appreciate the ‘unique needs’ of victims
who are under-served or rendered
without service or support of any kind.

SOUTH ASIAN SOCIETY OF

CRIMINOLOGY & VICTIMOLOGY
(SASCV)
South Asian Society of Criminology &
Victimology (SASCV) was founded in
February, 2011, to nurture and promote
criminological and victimological
knowledge in South Asian countries such
as Afghanistan, Bangladesh, Bhutan,
India, Pakistan, Maldives, Sri Lanka
and Nepal.
The SASCV seeks to initiate measures to
assist member countries in framing
criminal justice oriented legislative policies
to support and cater the needs of victims
of crime and of abuse of power.
The main objectives of SASCV are:-
1) To serve as an international
impartial, non-political and non-profit
making association whose purpose is to
promote criminology and victimology in
South Asian region
2) To function in close collaboration
with other national and international
bodies to use the available resources
for propagation of victimological
knowledge

3) Scientific exchange of experts and

organization of international seminars,
 symposia, workshops, conferences,
etc. on the related subject

4) To encourage, promote and co-

ordinate research development
programmes and evaluation activities
related to criminology and victimology
in South Asian region

5) To sensitize those who are

responsible for criminal justice system
regarding need for care, help and
assistance to victim of crime through
resort to restorative justice

6) To promote education and training

of criminologists and victimologists and
professionals working in this field,
particularly, the officials entrusted with
the administration of criminal justice.
UN GENERAL ASSEMBLY RESOLUTION
AND COMPENSATION, 2005
The UN General Assembly has recognized
that a rational and consistent sentencing
policy requires the removal of several
deficiencies in the existing system.
Therefore, it came out with a resolution
titled “Basic Principles and Guidelines
on the Right to a Remedy and
Reparation for victims of Gross
Violations of International Human
Rights Law and Serious Violations of
International Humanitarian Law,
2005”, which deals with the rights of
victims of international crimes and human
right violations. It contained provisions on
restitution and compensation.