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Journal articles on the topic 'Victims'
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1
Wijaya, Enggal Prayoga. "Knowing Victims to Protect Them, A Book Review “Viktimologi: Perlindungan Korban dan Saksi” Bambang Waluyo, S.H., M.H., Sinar Grafika Jakarta, 2011, 320 pages, ISBN 978979074378." Journal of Indonesian Legal Studies 6, no. 2 (November 30, 2021): 483–90. http://dx.doi.org/10.15294/jils.v6i2.36097.
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Understanding Victim (victim) and logi (science), Latin "victima" victims of "logos" science. Means knowledge about victims of crime. In a criminal trial the parties that play a role are the public prosecutor, judge, defendant, and legal counsel and witnesses. The victim was represented by the public prosecutor and to corroborate the usual evidence he was made a witness (victim). Often the public prosecutor acts at will by not representing the interests of the victim and ignoring the victim's protection rights. The victim was ignored because: The problem of crime cannot be understood in proportion The problem is not based on the prevailing theory Understanding the problem is not seen from the human side
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Laszlo, Anna T., and Tammy A. Rinehart. "Collaborative Problem-Solving Partnerships: Advancing Community Policing Philosophy to Domestic Violence Victim Services." International Review of Victimology 9, no. 2 (September 2002): 197–209. http://dx.doi.org/10.1177/026975800200900207.
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Throughout the last three decades, victims and victim advocates have significantly advanced victim's rights and services and have altered the fabric of police-victim interactions from viewing victims as necessary witnesses (Laszlo and Burgess, 1979; Waller, 1990) to engaging victims and victim organizations as collaborative partners in developing victim-oriented criminal justice services. As criminal justice agencies seek to engage stakeholders in problem-solving strategies, victims and victim organizations are becoming active partners in prevention, intervention, and restitution initiatives, and have been instrumental in tailoring criminal justice systems services to the needs of special populations. This paper describes four ongoing efforts to effect prevention, intervention, and restitution activities for special populations of victims and, in particular, to advancing community policing and community government in or for special populations. Within the historical contexts of the victim's movement, these efforts manifest the expanding role of victims as collaborative partners of police (including tribal police), prosecutors, and the courts.
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Tana, André Mavinga, Marcel Otita Likongo, An Verelst, Edouard Konan, and Chantal Nandindo. "Traumatisme psychique par types des violences sexuelles chez les adultes et les enfants mineurs dans un contexte post-conflit dans la Province de la Tshopo en République Démocratique du Congo." European Scientific Journal, ESJ 18, no. 9 (March 31, 2022): 161. http://dx.doi.org/10.19044/esj.2022.v18n9p160.
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Cet article vise à identifier les symptômes de la détresse psychologique suivant la typologie des violences sexuelles dégagée à partir des entretiens individuels avec des victimes et leurs proches ainsi que des données de la prise en charge médico-psychologique du centre de santé Alwaleed. L’étude inscrite dans le cadre de théorisation ancrée a utilisé comme sources les dossiers et les récits des victimes de violences sexuelles au centre Alwaleed ainsi que l’entretien individuel réalisé à domicile auprès des victimes et de leurs proches. Il a été observé que quelle que soit la situation-type dans laquelle se situe la victime, celle-ci exprime le traumatisme subi sur le plan aussi bien physique, psychologique que comportemental. Le traumatisme subi par les sujets des situations-types II et III provient des réactions de la famille et de la communauté. Le traumatisme dont souffre une victime affecte de la même manière les membres proches de cette victime.
This article aims to identify the symptoms of psychological distress according to the typology of sexual violence identified from individual interviews with victims and their relatives as well as data from the medicalpsychological care of the Alwaleed health center. The study was based on a grounded theory framework and used as sources the files and accounts of the victims of sexual violence at the Alwaleed center as well as individual interviews conducted at home with the victims and their relatives. Therefore, it was observed that whatever the typical situation in which the victim finds herself, she expresses the trauma she has suffered on a physical, psychological and behavioral level. The trauma suffered by the subjects of type II and III situations comes from the reactions of the family and the community. The trauma suffered by a victim affects the members close to the victim in the same way.
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Kim, Kaeun, and Yeonsoo Kim. "Self-diagnosis of Stalking Damage Risk and Linkage of Victim Protection Services." Korean Association of Public Safety and Criminal Justice 32, no. 2 (June 30, 2023): 1–34. http://dx.doi.org/10.21181/kjpc.2023.32.2.1.
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The current criminal justice system has limitations in providing victim protection services before stalking victims actively request intervention. Therefore, this study aims to report to investigative agencies such as the police and propose measures to diagnose the risk on their own and prevent additional serious criminal damage to potential victims before protection is made. This study proposes the development of a victim's risk self-diagnosis tool from a stalking risk assessment tool through a review of previous studies. Specifically, it was suggested to consider the relationship between the perpetrator and the victim, and to select and utilize common risk factors from existing risk assessment tools. In addition, a procedure is required to objectively confirm the victim's subjective risk perception. As a result of self-diagnosis of stalking victims, it was proposed to provide customized crime victim safety measures according to the risk level of stalking victims, secure the effectiveness of access restriction orders through the introduction of two-way electronic supervision.
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KIM, Hyekyung. "The distinction between ‘A victim of a Crime’ and ‘Crime Victim’: Centering on Constitutional Court decisions." Korean Association Of Victimology 31, no. 1 (April 30, 2023): 85–109. http://dx.doi.org/10.36220/kjv.2023.31.1.85.
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The legal terms used by the Constitution and laws should have legal effect that distinguishes them from other concepts. However, various terms are used in various systems for the protection of crime victims and the laws on which they are based. Examples include crime victims, criminal victims, a victims of a crime, non-victims, and victim .
Here is tried to examine how these concepts are used in cases decided by the Constitutional Court in relation to crime victims so far, and whether legal concepts can be distinguished based on this.
First of all, it was premised that the characteristics of the Crime Victim Protection Act and the Criminal Procedure Act were different to guarantee the basic rights of crime victims. In other words, the Criminal Victim Protection Act believes that even if various systems are reorganized for crime victims to be involved in criminal procedures, it cannot be a direct criminal victim's right to participate in criminal procedures. Therefore, the Crime Victim Protection Act is a protection-oriented law in which the state intervenes in the entire process of recovering damage from the occurrence of criminal damage, including criminal procedures, and the Criminal Procedure Act is the basis for the rights of criminal victims.
Next, the summary of the terms is as follows. First of all, criminal victims, defined by the Constitution as the subject of the right to state trial procedures, are limited to the subject of rights and obligations in criminal procedures and direct victims of crimes. As a result, the term victim under the Criminal Procedure Act was deleted and a plan was proposed to unify it by replacing it with a victim of a crime. In addition, crime victims were considered to include not only direct victims of crime (criminal victims) and spouses, immediate relatives and siblings, but also those affected by crime damage prevention and crime victim rescue activities according to the definition of the Crime Victim Protection Act. In addition, I would like to propose that all victims, including those other than the term non-victim as a complainant under the Criminal Procedure Act and those other than criminal victims (defined as victims of crimes under the current law), be unified as non-victims. As a result, in the Criminal Procedure Act, victims, etc. will be able to organize legal statements by simply listing them as “criminal victims and not-victims” without any additional regulations or explanations.
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Caricati, Luca, Sara Baldini, and Chiara Bonetti. "Female-to-Male Sexual Assault: The Role of the Perpetrator’s Attractiveness and Attributed Emotional States on Victim Blame." Violence and Victims 38, no. 3 (June 1, 2023): 396–413. http://dx.doi.org/10.1891/vv-2021-0172.
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This study investigated the effect of the victim’s gender and the perpetrator’s attractiveness on the observer’s blame on the male and female victims of coercive sexual contact. Two hundred and ninety-six participants (184 females) were enrolled in an experiment in which the victim’s gender and the offender’s attractiveness were manipulated using vignettes depicting cross-gender sexual assault. Participants rated emotions that the victims experienced in being assaulted and attributed victim blame. The results indicate that the male victim was blamed more than the female victim, especially when the female perpetrator was described as attractive. The female victim was perceived as having experienced more negative emotions and fewer positive emotions than the male victim. The effect of the victim’s gender on victim blaming was mediated by both positive and negative emotions.
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Abdullah, Rahmat Hi. "Tinjauan Viktimologis Terhadap Tindak Pidana Perdagangan Orang (Human Trafficking)." JURNAL YUSTIKA: MEDIA HUKUM DAN KEADILAN 22, no. 01 (October 30, 2019): 55–63. http://dx.doi.org/10.24123/yustika.v22i01.1958.
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Victims are an important element in the continuation of legal evidence as a victim witness or reporter. As is the case with the problem of human trafficking crime. Victimology with its various kinds of views extends the criminal etiological theories needed to understand the existence of crime as a better structural and non-structural victimization. besides the views in viktimology encourage people to pay attention and serve each party who can be victims of mental, physical, and social. From the explanation of the victim's typology and the factors that led to the crime of trafficking in persons, it was concluded that there were three types of victims of trafficking in persons, namely Latend or Prodisposed Victims who were economic contributors. Participating Victims were victims who because the cause is a low education factor, and False Victims which is being a victim because the cause is a consumptive behavior factor.
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Braun, Kerstin. "Giving Victims a Voice: On the Problems of Introducing Victim Impact Statements in German Criminal Procedure." German Law Journal 14, no. 9 (September 1, 2013): 1889–908. http://dx.doi.org/10.1017/s2071832200002546.
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Historically, victims of crimes were key participants in the prosecution of crimes around the globe. Over the centuries, however, as public police and prosecution service took over the prosecution of criminal acts, the importance of victims in criminal justice systems decreased in common law and civil law countries alike. The victim was sidelined and the victim's role was reduced to that of a witness for the prosecution. As one of the first scholars to comment on the absence of victims from the criminal justice system, William Frank McDonald referred to the victim as “the forgotten man” in criminal procedure.
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Sudderth, Lori K. "Bringing in “The Ones Who Know Them”." Violence Against Women 23, no. 2 (July 9, 2016): 222–42. http://dx.doi.org/10.1177/1077801216637474.
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Victim advocates help victims of intimate partner violence to plan for their safety and encourage them to find social support. In New Zealand, however, victims often bring supportive allies with them to safety planning meetings, and those allies help to plan for the victim’s safety. Interviews were conducted with representatives from 24 refuges in New Zealand, and from their perspective, the inclusion of allies in safety planning meetings is beneficial not only for social support but also for enhancing the safety of the victim. The benefits and implications of enlisting informal community members to help keep victims safe are discussed.
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Fenwick, Helen. "Charge Bargaining and Sentence Discount: The Victim's Perspective." International Review of Victimology 5, no. 1 (September 1997): 23–36. http://dx.doi.org/10.1177/026975809700500102.
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This paper draws attention to the interests of the victim in the criminal justice system in relation to the use of charge bargaining and the sentence discount in UK law. The paper argues that debate in this area tends to assume that these practices, particularly use of the graded sentence discount, are in harmony with the needs of crime control and with the interests of victims, but that they may infringe due process rights. Debate tends to concentrate on the due process implications of such practices, while the ready association of victims' interests with those of crime control tends to preclude consideration of a distinctive victim's perspective. This paper therefore seeks to identify the impact of charge bargaining and the sentence discount on victims in order to identify a particular victim's perspective. It goes on to evaluate measures which would afford it expression including the introduction of victim consultation and participation in charge bargains and discount decisions as proposed under the 1996 Victim's Charter. It will be argued, however, that while this possibility has value, victims' interests might be more clearly served by limiting or abandoning the use of these practices.
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Uddin, Md Kafil, Manasi Saha, Md Nasir Uddin Gazi, Sandip Talukdar, and Mir Md Raihan. "Study on Socio-Demographic Characteristics of Alleged Sexual Assault Cases in Rajshahi District in 2020." TAJ: Journal of Teachers Association 35, no. 1 (August 10, 2022): 45–50. http://dx.doi.org/10.3329/taj.v35i1.61143.
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Introduction: Rape is a neglected public health issue in Bangladesh. Here, the incidence of rape is reported almost every day. However, this study was designed to analyze and explore the statistics of alleged rape cases in the Rajshahi district in 2020.
Materials and Methods: This cross-sectional descriptive study was conducted in the Department of Forensic Medicine and Toxicology (DFMT), Rajshahi Medical College (RMC), Rajshahi, Bangladesh, from January 2020 to December 2020. A total of 101 study subjects were included in this study. The data were collected from the alleged rape victims who were sent to the DFMT for medico-legal examination. Informed written consent was signed, and a thumb impression was taken by the victim with her legal guardian when the apparent age of the victim was under 12 years status before data collection. This study explores age, marital status, the pattern of assailants, place of occurrence, religion, opinion based on a physical or genital examination, and corresponding police station with another expert investigative organization such as the Police Bureau of Investigation (PBI) of Rajshahi district.
Results: Most of the victims were under 20 years old. Among all victims, 46.53% were unmarried, and 42.57% were married. In maximum cases, the victims were sexually assaulted by the known assailants. Almost two-thirds of alleged rapes occurred in the victim's house and the nearby place of the victim’s house. Only 11.88% of victims were examined with positive signs regarding sexual intercourse. Maximum victims (98.02%) were Muslim. Rape cases were frequent in Godagari, Belpukur, and Chndrima police stations.
Conclusion: The findings of this study may work as baseline information and would be constructive in raising social awareness.
TAJ 2022; 35: No-1: 45-50
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Fajri, Agnes. "PENERAPAN ILMU KRIMINALISTIK PADA PENYIDIKAN TINDAK PIDANA CABUL DENGAN KORBAN TUNA WICARA." UNES Law Review 3, no. 2 (February 20, 2021): 186–93. http://dx.doi.org/10.31933/unesrev.v3i2.165.
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The application of criminalism in investigating obscene crimes against speech impaired victims by the PPA Unit of the Satreskrim Polres Agam is a science to help strategies in making light of cases. Criminal science is used to obtain information from victims as crown witnesses or victim witnesses, which is rather difficult to do. This is because the daily conditions of the victim cannot hear (deaf), do not speak (mute), so they cannot communicate properly like normal people, and never go to school. In this regard, investigators use criminalistic science with forensic psychology aids, forensic medicine aids and body language or sign science for the deaf. In forensic medicine, it is used by doing visum et repertum as evidence of violence against the reproductive organs. Forensic Psychology is used to examine the victim's psyche and his honesty about what he is going through. During the investigation into the investigation, the victim was also accompanied by a teacher from the Lubuk Basung Special Elementary School (SDLB). Victims are also examined using props or pictures to make it easier for victims to remember what happened to them, because the victim's memory as a person with a mute disability has limitations.
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Zhmurov, Dmitry V. "Victims of Cyberbullying: The Problem Status." Russian investigator 1 (January 12, 2023): 45–50. http://dx.doi.org/10.18572/1812-3783-2023-1-45-50.
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This article is devoted to the victimological problems of cyberbullying. The key, in the author’s opinion, problematic issues arising in the study of this phenomenon are formulated. During the theoretical analysis of the works of domestic and foreign researchers, data on the prerequisites of cyberbullying are provided. The definition of the term “victim of cyberbullying” is given, the classification of victims of such actions is proposed. According to the nature of the victim’s responses, they are classified into two main groups (involved / uninvolved victims) and a number of subgroups, among which they differ: aggressive, avoidant, compromise, protective, submissive, auto-incriminating, ignoring and derealization victims. Depending on the degree of intensity of reactions of the victim of cyberbullying, it is proposed to distinguish the reacting and neglecting type of victim.
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Miller, Karen-Lee. "Relational Caring: The Use of the Victim Impact Statement by Sexually Assaulted Women." Violence and Victims 29, no. 5 (2014): 797–813. http://dx.doi.org/10.1891/0886-6708.vv-d-13-00056.
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The victim impact statement (VIS) is a written account of harms experienced as a result of crime. This study investigates VIS use by sexually assaulted women through interviews with Canadian victims, victim services workers, and feminist advocates (N = 35). Findings suggest that victims use the VIS to express relational caring. Relational caring is an ethic of care that prioritizes others through privileging the harms experienced by others because of witnessing the sexual assault or coping with the victim’s postassault sequelae, protecting future or hypothetical victims, and promoting the interests of intimate partner offenders. Relational caring challenges traditional conceptions of victim agency and VIS use for instrumental purposes, as well as the targets and temporalities of sexual assault harms that are detailed in the statement. Relational caring has unique implications for victims who are mothers, especially those abused as minors, and for intimate partners. Legal, therapeutic, and social service consequences are discussed.
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Anita, Gita, Deddy Mulyana, and Nindi Aristi. "“Embarrassing and disgraceful”: technology-facilitated sexual violence and victim’s healing process." Jurnal Kajian Komunikasi 10, no. 2 (December 29, 2022): 228. http://dx.doi.org/10.24198/jkk.v10i2.42265.
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This study aims to reveal the communication experience of victims of online gender-based violence and the healing process from the trauma they experienced. The main research questions are how victims experience violence online, what motives encourage perpetrators to commit violence from the victim’s perspective, the meaning of the communication experience, and the victim’s process of healing the traumatic experience. In this qualitative study, phenomenological methods and symbolic interaction theory were employed. The research subjects are women victims of online gender-based violence cases. Informants were selected through a purposive sampling technique. The results showed that most cases of threats of spreading intimate photos or videos were experienced by victims when they asked for a breakup or did not follow the wishes of the perpetrator. Victims of violence in the online realm are also vulnerable to multiple layers of violence. The video is used as a tool for the perpetrator so that the victim does not refuse to have sex with the perpetrator. The impact experienced by the victim is psychological loss, social isolation, and limited mobility. The three motives behind the above cases are relational, sextortion or extortion, and unknown motives. The meanings obtained from the communication experience of victims are shame, disgrace, loss of identity, feeling tarnished, and having mistrust of the opposite sex. The victims used various ways to heal themselves from the trauma, namely getting closer to God, telling stories to friends, and consulting psychologists.
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Yan, Jiayi. "Study of Sentencing Factors in Intentional Crimes from the Perspective of Victimology." Journal of Education, Humanities and Social Sciences 14 (May 30, 2023): 668–77. http://dx.doi.org/10.54097/ehss.v14i.8957.
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In traditional criminal justice system, the victim was often viewed as insignificant and marginal. However, victimology has emerged as a field of study that aims to examine the impact of victims on criminal behavior, reposition the victim's role in penal theory, and consider the victim's “Schutzwürdigkeit” and “Schutzbedürftigkeit”, which means the worthiness and need for protection, as important factors in determining the culpability of the accused. While victimology has gained more recognition in the field of negligence in penal theory, it may not be suitable as a universal principle for legislation, interpretation, and incrimination in intentional crimes. Moreover, the role of victimology in the field of sentencing remains to be explored. This study proposes to use the victim criterion as the theoretical basis, and use the time of victim involvement as the criterion to differentiate the victim’s action into the victim's fault, as well as victim self-involvement in risk. Further abstract the behavior patterns of the victim’s fault and the boundaries between self-perilous participation and consensual other-peril. These factors could be integrated into the current sentencing system to develop a theory model with the function of guiding practice and explore the richer possibilities of penal victimology in China.
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Roth, Maria, and Eva Laszlo. "Seven faces of victimhood." Belvedere Meridionale 35, no. 1 (2023): 105–23. http://dx.doi.org/10.14232/belv.2023.1.7.
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Trafficking in human beings is one of the phenomena of our society with serious consequences which, understandably, gives rise to urgent prevention and treatment measures. The main goal of this study is to contribute to a better understanding of the process of victimization. During the analysis of the interview with 36 victims1 we aim to map the vulnerability factors that act as markers for recruiters using different recruitment strategies, emphasis is also placed on the dynamics and environmental characteristics of the relationship between victim and offender. The study has been conducted in Romania, a country which in the last 20 years has been one of the major suppliers to the European sex trafficking (EUROSTAT, 2015). In the analysis, carried out within the theoretical framework of victimology, vulnerability was assessed on the basis of 3 main categories of analysis (the motivated trafficker, the absence of capable guardians and the victim’s attractiveness) and the dynamic interaction between them. The results outline seven clusters of victims: 1. victims in need; 2. nearby victims; 3. runaways from domestic violence; 4. social innovators; 5. abandoned, lost and displaced victims; 6. rebels; 7. the helpers (the risky altruists). The conclusion includes suggestions for intervention and prevention of victimisation.
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Drumbl, Mark A. "Victims who victimise." London Review of International Law 4, no. 2 (June 28, 2016): 217–46. http://dx.doi.org/10.1093/lril/lrw015.
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Schreiber, Flora Rheta. "Victims of a Victim." Self & Society 13, no. 1 (January 1985): 34–40. http://dx.doi.org/10.1080/03060497.1985.11084666.
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González Hidalgo, Eloísa. "Testimonies of Victims of Human Rights Violations as Primary Sources in the Reports by United Nations Bodies." Age of Human Rights Journal, no. 13 (December 5, 2019): 44–62. http://dx.doi.org/10.17561/tahrj.n13.3.
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Victims of crimes, victims of abuse of power and victims of gross and systematic human rights violations have had little relevance to international law. However, since 1985, international human rights law has taken an interest in them and has created four instruments, which establish different notions of victim, as well as a catalogue of rights. Since then, victims have become increasingly prominent in processes involved in seeking justice, truth and reparation. Recently, victim’s testimonies are used as one of the indicators, although not the only one, for measuring compliance and protection of human rights rules in the United Nations system.
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Tokuyama, Nahoko, and Takeshi Furuichi. "Redirected aggression reduces the cost for victims in semi-provisioned free-ranging Japanese macaques (Macaca fuscata fuscata)." Behaviour 151, no. 8 (2014): 1121–41. http://dx.doi.org/10.1163/1568539x-00003176.
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In many social species, the victim often attacks an uninvolved third individual soon after a conflict. This behaviour is called ‘redirected aggression’ or ‘redirection’, and its role(s) remain(s) controversial. We observed semi-provisioned free-ranging Japanese macaques at Iwatayama Monkey Park in Arashiyama, Kyoto, Japan, to test three hypotheses concerning the function of redirected aggression: Japanese macaques perform redirection to (1) indirectly retaliate against the aggressor, (2) reduce post-conflict stress, or (3) reduce post-conflict uncertainty. When we observed aggressive interactions, we recorded the behaviour of victims during the subsequent 10 min. Redirection occurred more frequently when the rank of the victim of the initial conflict was high, when the victim was an older monkey, and when conflicts occurred among kin. The results largely supported hypothesis 3. Victims received renewed aggression not only from the initial aggressor but also from bystanders more frequently within 1 min after the initial conflict than in the subsequent 9 min. Victims who performed redirection received less aggression from bystanders. Victims might have been able to avoid renewed aggression because they could change their state from victim to aggressor by performing redirection. This effect of redirection did not differ with the victim’s rank. However, the lower the victim’s rank, the higher the risk that they would receive retaliation from the target of the redirected aggression or the latter’s kin. Thus, redirection caused the same magnitude of benefit and a different magnitude of risk according to the victim’s rank. The victim may need to judge his/her own situation when making the decision as to whether to perform redirection.
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Kogut, Tehila, Ilana Ritov, Enrico Rubaltelli, and Nira Liberman. "How far is the suffering? The role of psychological distance and victims’ identifiability in donation decisions." Judgment and Decision Making 13, no. 5 (September 2018): 458–66. http://dx.doi.org/10.1017/s1930297500008731.
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AbstractWe are regularly told about people at various locations around the globe, both near and far, who are in distress or in dire need. In the present research, we examined how the prospective donor’s psychological distance from a given victim may interact with the victim’s identification to determine the donor’s willingness to accede to requests for donations to help the victim in question. In three studies, we measured willingness to donate (Studies 1 & 2) and actual donations (Study 3) to identified or unidentified victims, while measuring (Study 1) or manipulating (Studies 2 & 3) the psychological distance between prospective donors and the recipients. Results indicate that increasing the psychological distance between prospective donors and victims decreases willingness to help — but only when the victims are unidentified, not when they are identified. This suggests that victim’s identification mitigates the effect of distance on donor’s willingness to help.
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Fortuna, Isabella Dewi. "Protection of Victims of Fraud Crime in Victimological Studies." Jurnal Scientia Indonesia 4, no. 2 (October 30, 2018): 199–222. http://dx.doi.org/10.15294/jsi.v4i2.36049.
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Criminal acts will certainly cause the party to feel the suffering and the party is the victim. It should be remembered that victims themselves have rights that must be protected and fulfilled, the presence of the law as a legal umbrella which certainly helps in protecting and fulfilling the victim's property rights, Indonesia's own positive law has regulated the protection of victims and a discipline that also plays a role in protecting the victims. Victimology's rights are Victimology, where victimology will understand more about the victim as a result of a crime to ensure that the victim can get their rights and recompense commensurate with what the victim suffered. Crimes that occur in Indonesia are of various kinds, from murder, theft, to fraud with various modus operandi which will greatly arouse the desire of the victim to follow what the victim asks so that he is aware that he has been deceived.
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Khamala, Charles A. "External and internal common legal representation of victims at the International Criminal Court: Beyond the ‘Kenyan trial approach’." African Yearbook on International Humanitarian Law 2020 (2020): 159–91. http://dx.doi.org/10.47348/ayih/2020/a6.
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The International Criminal Court (ICC) is primarily mandated to punish persons bearing the greatest responsibility for the worst crimes known to mankind. Additionally, its victim reparations are contingent on conviction; because of this, the Rome Statute’s retributive goal is compounded with the inquisitorial function of seeking the truth by realising the victim’s entitlement to participate at appropriate stages throughout the proceedings. However, the suspect’s due process rights must remain protected. While the Court balances these procedural functions, victims’ representatives determine which victims are members of the appropriate constituency. This paper’s theoretical framework shows how victims are vulnerable to their representative’s claims. Therefore, the question arises as to whether external or internal legal representation will be more effective for victims. This determines how victims’ voices may best be elicited. Some victimologists contend that the exclusion of an external Common Legal Representative (CLR) in the search of mass atrocity solutions promotes merely symbolic, rather than meaningful, victim participation in ICC proceedings. The Court insists on external CLRs because of their local knowledge. Others emphasise the proximity of the Office of the Public Counsel for Victims (OPCV) to judges as providing access to justice at The Hague. Crucially, by requiring the OPCV to interface between the external CLR and the Chamber in day-to-day proceedings, the ‘Kenyan trial approach’ has made victims’ participation more meaningful. Yet, following the Ruto and Sang case, the ICC faces challenges when confronted with diverse modalities of implementing reparations for multiple victims. In the Palestine situation, claims seeking to promote victims’ interests required victim empowerment, including strengthening appropriate victim constituencies through outreach to enable them to articulate disagreements with their representatives. In the Ongwen case, a broad interpretation gave victims’ voices enhanced agency over the defence. Recently, in Ntaganda’s case, the Court directed the Registry to liaise not only with the CLRs but also with the Trust Fund for Victims for appropriate outreach and communication with victims.
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Sitompul, Rina Melati, and Andi Maysarah. "Initiating Payment of Trafficking Restitution from a Victims Perspective." Kanun Jurnal Ilmu Hukum 23, no. 1 (April 30, 2021): 101–15. http://dx.doi.org/10.24815/kanun.v23i1.18276.
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The objective of this study was to offer policy concept ideas in fulfilling restitution for the victims in accordance with the required attainment of justice. Restitution related to the payment of costs charged to the person based on a court decision that has permanent legally enforceable for the costs suffered by the victim or heir. This study used a normative method using a statutory approach and a case approach. From the three court decisions and one trafficking case in the constabulary, the victim's comprehension of the legal handling experienced is sufficient to accommodate the victim's wishes in obtaining victim's rights. Conclusions are drawn through an inductive to deductive thought process. Of the three decisions reviewed, it proved that the application of restitution payments was not able to fulfill a sense of justice for the victim. In fact, in practice, the fulfillment of compensation payments is in the non-penal space, from the perspective of victim recognition, it is sufficient to accommodate their wishes and hopes for the fulfillment of the expected restitution rights. In order to provide legal certainty for victims of the fulfillment of restitution rights, a legal breakthrough is required. The diversion method as a confirmation of ensuring the payment of the victim's restitution right is an offer. The concept of diversion can be carried out with the limitation of the criteria for the impact experienced by the victim, and the legality of legality is determined through a court decision or decision, as legal achievement through restorative justice is able to restore conflicts from perpetrators and victims.
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Moffett, Luke. "Victim personal statements in managing victims’ voices in sentencing in Northern Ireland: taking a more procedural justice approach." Northern Ireland Legal Quarterly 68, no. 4 (December 21, 2017): 555–76. http://dx.doi.org/10.53386/nilq.v68i4.64.
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Victim personal statements (VPS) have been introduced in a number of common law criminal justice systems. Although they have been espoused as important in ensuring victims’ ‘voices’ are ‘heard’ in sentencing, this article examines the extent of improving victim satisfaction and procedural justice in Northern Ireland. In light of increasing juridification of victim participation through the VPS by the EU and the English Court of Appeal, its impact on sentencing has received mixed views amongst victims, intermediaries and legal practitioners. Drawing from 24 interviews with judges, lawyers and intermediaries, this article finds that greater attention should be paid to vulnerable victims’ inclusion and that judges should better articulate the impact the VPS has on sentencing and the significance of such statements in acknowledging the victim’s experience, rather than engendering harsher sentences.
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Dhaka, Poonam, Elsche Magdalena Kalola, and Sanmari Steenkamp. "Attitudes toward rape victims among University of Namibia students." Journal for Studies in Humanities and Social Sciences 8, no. 2 (August 21, 2020): 63–78. http://dx.doi.org/10.32642/.v8i2.1515.
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A common misunderstanding about rape is that the perpetrator is driven by a sexual desire motivated by the victim’s seductive dressing or behaviour. The damaging impact of rape on the victim not only affects the victim’s emotional, psychological and physical state, but its ripple effects impact the larger systems of families, friends and life partners. The literature on studies of attitudes toward rape shows that there is an overall negative attitude towards rape victims leading to discrimination, stigma and, consequently, under-reporting of rape. The main focus of the present study was to investigate university students’ attitude toward rape victims. Furthermore, the study sought to explore gender differences in acceptance of rape victims. A convenience sampling technique was used to draw a sample of 131 students between the ages of 19-38 years. The sociodemographic questionnaire and Attitudes Towards Rape Victims Scale (ATRVS) were self-administered to collect quantitative data and descriptive statistics were used to analyse the data. The results indicate that male students have significantly higher unfavourable attitudes towards rape victims in comparison to females. Most of the rape victims are judged by what they wear and their location. However, both genders showed an acceptance of rape victims, even though a small number of males indicated “mildly disagree” on the scale. To be effective at reducing victimization, results strongly suggest rape awareness programs and interventions targeting society’s attitude and ways of dealing with a victim. Without community involvement and change in societal attitudes toward rape, legal policies will remain ineffective.
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Ruback, R. Barry, Kim S. Ménard, Maureen C. Outlaw, and Jennifer N. Shaffer. "Normative Advice to Campus Crime Victims: Effects of Gender, Age, and Alcohol." Violence and Victims 14, no. 4 (January 1999): 381–96. http://dx.doi.org/10.1891/0886-6708.14.4.381.
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Three studies investigated the appropriateness of calling the police as a function of crime, victim, and subject factors. In particular, the studies focused on whether and how the victim’s consumption of alcohol affected normative advice to report the crime, as opposed to other options. Across the three studies, subjects viewed reporting as more appropriate for female victims, for victims who were 21 or older, and for victims who had not been drinking. In addition, females were more likely than males to believe reporting to the police was appropriate whereas males were more likely than females to favor some type of private action. Subjects viewed reporting as particularly inappropriate when the victim was underage and had been drinking. Results suggest that, because of the perceived stigma attached to victims who have been drinking, even serious victimizations may go unreported.
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Adiningsih, Aprilia Putri, and Ridwan Arifin. "Victims of Rape and The Legal Protection: Problems and Challenges in The Victimological Studies." Semarang State University Undergraduate Law and Society Review 3, no. 1 (January 17, 2023): 47–70. http://dx.doi.org/10.15294/lsr.v3i1.56688.
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Victims of the crime of rape have not received optimal legal protection, even though they have been legally protected through the Law on the Protection of Witnesses and Victims, the Law on Child Protection, or the Law on the Elimination of Domestic Violence. However, the concept of Indonesian criminal law, which focuses more on punishing and deterring criminals, has not been able to accommodate the rights of victims, especially in cases of certain crimes such as rape. In the case of rape, the victim receives an immaterial loss (loss of honor) which is legally difficult to materialize, so that the punishment is limited to imprisonment and a fine which is not sufficient to restore the victim's loss and restore the victim's trauma. This study aims to analyze the protection of victims of rape crime in the perspective of victimology and law. This study uses a normative legal approach, literature review and legal analysis. This study found that the juridical sera, the protection of victims of crime, including victims of rape, has been regulated by the state through several laws. The rights of victims have also been mentioned, ranging from restitution, to recovery of victims' losses and trauma. However, in cases of rape, victims are often dissatisfied with the punishment given to the perpetrators of this crime.
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Sattler, Patricia Lynne. "The Crime Victims' Rights Act: Rhetoric or Reality?" Greenwich Social Work Review 1, no. 1 (June 30, 2020): 50–58. http://dx.doi.org/10.21100/gswr.v1i1.1104.
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Crime victim’s rights legislation including the Victim and Witness Protection Act of 1982 (VWPA) and the Crime Victims’ Rights Act of 2004 (CVRA) brought attention to the plight of the crime victim and called on justice professionals and the public to recognize victims’ value, worth, and role within a justice model that seeks to hold offenders accountable and increase public safety. The CVRA was the first federal policy to grant participatory rights to victims of crime; it served as a model statute for states enacting similar legislation. Beyond the eight participatory rights, implementation and administration of the CVRA is recommended but not required by law enforcement, prosecutors, or the judiciary. Instead, these justice professionals are encouraged to “make a good faith effort” in delivering these rights to victims of crime. This paper tells the story of the victims’ rights movement before utilizing the Narrative Policy Framework to analyze the CVRA. Highlighting several key issues of relevance to the social work profession, a call to action is issued for social workers and policymakers to shift current narratives and more clearly define who constitutes a victim, how these rights are to be implemented and by whom, and to develop enforcement mechanisms.
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Irawan, Hengki, Sri Endah Wahyuningsih, and Jawade Hafidz. "Legal Protection For Victims Of Traffic Violations That Lead To Death (Case Study On Police Traffic of Rembang)." Jurnal Daulat Hukum 2, no. 4 (March 28, 2020): 485. http://dx.doi.org/10.30659/jdh.v2i4.8349.
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The purpose of this study is to know, shortly describe, analyze and assess the implementation, barriers, and the remedies to overcome obstacles in the legal protection for victims of traffic abuses resulting in death by Police Traffic of Rembang. The method used in this study, using a kind of sociological juridical research, analytical, descriptive, with data used are primary data and secondary data, and analyzed Qualitative. The results of this study are: (1) legal protection for victims of traffic abuses resulting in death by Police Traffic of Rembang preferably through peace settlement with restitution, (2) barriers in the legal protection for victims of terms: (a) the substance of the law: Act No.22 of 2009 and the Criminal Procedure Code has not been providing legal protection for victims and their families; (B) the legal structure: lack of personnel and infrastructure; and (c) the legal culture: the lack of public awareness; (3) the remedies to overcome these obstacles, in terms of: (a) the substantive law: consideration of material and immaterial damages the victim or the victim's family, (b) the legal structure: additional personnel and high-tech infrastructure, human resource development; and (c) legal cultures: socialization and education traffic rules, and concept of restorative justice. (A) the substantive law: consideration of material and immaterial damages the victim or the victim's family, (b) the legal structure: additional personnel and high-tech infrastructure, human resource development; and (c) legal cultures: socialization and education traffic rules, and concept of restorative justice. (A) the substantive law: consideration of material and immaterial damages the victim or the victim's family, (b) the legal structure: additional personnel and high-tech infrastructure, human resource development; and (c) legal cultures: socialization and education traffic rules, and concept of restorative justice.Keywords: Death; Victim; Traffic; Abuse; Legal Protection.
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Shinkarenko, Inna, and Nataliya Davydova. "Socio-psychological structure problems of crime victim personality." Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 5, no. 5 (December 30, 2020): 359–66. http://dx.doi.org/10.31733/2078-3566-2020-5-359-366.
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The article deals with highlighting the victim of the crime role and the victim's personality socio-psychological structure. Victimology, which emerged at the legal and social psychology intersection, has to identify qualitative and quantitative characteristics and other issues related to the personality and physical, moral or property damage victim’s behavior. In the course of the research, the definitions of victimhood available in the scientific literature are analyzed, and several main approaches to this phenomenon are identified. Becouse of existing scientific opinion generalization, the work defines victimhood as a potential ability to be a victim of a crime as a result of negative personal qualities interaction with external factors, as well as the some people tendency to become the victims of a crime.
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Sukri, Muhammad Faiz Muttaqi, and Sitti Murdiana. "Description of the Psychological Dynamics of Male Victims of Sexual Abuse (Case Study of Pedophilia among Children in Makassar City)." Journal of Correctional Issues 6, no. 1 (June 30, 2023): 16–33. http://dx.doi.org/10.52472/jci.v6i1.215.
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Pedophilia is a sexual disorder that involves sexual attraction towards children. Pedophilia is committed by adults against children. This study aims to find out how the psychological dynamics of male victims of pedophilia are described and what are the impacts of pedophile victims. The respondents of this study were adult men (victims of pedophilia). This study uses qualitative methods with semi-structured interview techniques. Research data techniques using driven data analysis. The results of the data show that the victim would not be aware of expressing it directly. This was motivated by the victim's age and knowledge of sexuality. Sexual abuse will affect the victim's life in the next development. The impact felt by the victim is that the respondent experiences psychological sexual pathological disorders such as post-incident trauma, and deviations in appetite. Other psychological changes felt by respondents such as withdrawing from the environment, changes in sexual orientation, to negative feelings and thoughts about oneself. The negative impact of understanding on children can be suppressed through support from the social environment and also partners. The results of this study are expected to contribute in the form of references, information, data, about the psychological dynamics of male victims of pedophilia.
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Koegler, Dr Erica, Dr Claire Wood, Lilly Bahlinger, and Dr Sharon Johnson. "Traffickers’ Use of Substances to Recruit and Control Victims of Domestic Trafficking for Sexual Exploitation in the American Midwest." Anti-Trafficking Review, no. 18 (April 19, 2022): 103–20. http://dx.doi.org/10.14197/atr.201222187.
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This paper describes how traffickers use substances to recruit and control victims of domestic trafficking for sexual exploitation, as reported by service providers working with trafficking survivors in the American Midwest. This data was derived from interviews with 15 service providers in a major metropolitan area. Findings revealed consistencies with previous literature and new insights into the trafficker- substance use dynamic. Traffickers’ use of substances with victims was pervasive when trafficking was for the purpose of sex but not other labour. There were several examples of how traffickers use substances for victim exploitation and recruitment. These include using substances to ensure a victim is in a euphoric mood prior to sex work, to reward victim sex work productivity, and to initiate withdrawal effects to demonstrate the traffickers’ supreme control. Novel findings include how and why traffickers might deny victim use of substances and how they might give substances to victims without the victim’s knowledge. Implications for how these findings can be utilised for victim treatment and for future research are discussed.
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Iliadis, Mary. "Victim representation for sexual history evidence in Ireland: A step towards or away from meeting victims’ procedural justice needs?" Criminology & Criminal Justice 20, no. 4 (May 20, 2019): 416–32. http://dx.doi.org/10.1177/1748895819851848.
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Sexual assault cases have historically resulted in persistent victim dissatisfaction with, and alienation from, the prosecution process. As a result, some adversarial jurisdictions have moved contentiously towards integrating victim participation rights within the legal process to address sexual assault victims’ procedural and substantive justice concerns. The introduction of section 34 of the Sex Offenders Act 2001 (IRE), which allows a victim to access state-funded legal representation to oppose a defendant’s application for the introduction of the victim’s sexual history evidence in court, is one such example. Drawing from five interviews conducted with high-level criminal justice professionals, legal stakeholders and victim support workers, and an analysis of primary source documents, including legislation and reports, this article argues that, although section 34 represents a unique response to the problems raised by the use of a victim’s sexual history evidence in criminal trials, its shortcomings may hinder its capacity to improve sexual assault victims’ procedural justice experiences in ways unanticipated from its introduction.
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Dahan Katz, Leora. "How victims matter: Rethinking the significance of the victim in criminal theory." University of Toronto Law Journal 73, no. 3 (June 1, 2023): 263–92. http://dx.doi.org/10.3138/utlj-2021-0091.
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Classic theories of punishment have been deeply criticized for their failure to attribute significance to victims and the fact of their victimization within their proposed frameworks for the justification and distribution of punishment. Retributive theory, in particular, has been criticized for its failure to recognize the significance of victims. Some theorists have been led by this lacuna to adopt a victim-centred approach to punishment as a solution to the ‘absence-of-victim’ problem. Per victim-centred approaches, the very justification and imposition of punishment rely on victims and the restoration of egalitarian relations between the offender and victim that were disturbed by crime. This move toward constructing criminal law and punishment in terms of victim recognition and vindication has become increasingly popular and has been endorsed by a number of prominent theorists, yet it raises important worries. This article proposes an alternative solution, embracing the insight that victims ought to matter to the punishment of those who offend against them, yet without constructing the edifice of criminal law and punishment on the function of victim vindication. It offers an account of the way in which the introduction of a victim changes the balance of reasons in favour of punishment, becoming important to the determination of whether or not punishment ought to be imposed (in full). Yet it does so without taking the ‘victim’s turn’ – that is, without reconstructing the institution of criminal punishment entirely in victim-centric terms.
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Eddyono, Sri Wiyanti. "Criminal Code Draft and Protection for Victims of Gender Based Violence." Jurnal Perempuan 23, no. 2 (May 16, 2018): 65. http://dx.doi.org/10.34309/jp.v23i2.233.
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This paper analysis whether the Criminal Code Draft is oriented towards the interests and protection of the rights of victims especially women victims of gender-based violence. This paper uses juridical or normative research methods, through analysis on articles in the Criminal Code Draft. This study uses analytical framework of feminist legal theory which put law as a political product and often neglects the interests of women victims of violence that vary. This paper finds that the main orientation of the Criminal Code Draft is the interests of the perpetrator and the community, but not explicitly oriented to the victim's interests. It is assumed that with reference to the public interest then it has been victim-oriented. The victim is still seen as the party who helps to reveal the case alone, not the party who has suffered the loss so they need protection and reparation. The responsibility of the perpetrator is addressed to meet the interests of a sense of community justice, not a victim. In addition, some of the regulatory articles on criminal offenses still contain problems because the Criminal Code Bill prefer to compiles several laws outside the Criminal Code but does not revise articles which based on the experiences of the victims is difficult to implement, such as the arrangement of PKDRT (domestic violence). Furthermore, there are still articles that victimize victims by criminalizing those who are actually victims of gender-based violence.
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Ferenz, Jerzy M. "SYTUACJA OFIAR PRZESTĘPSTWA ZGWAŁCENIA PO NOWELIZACJI KODEKSU KARNEGO Z DNIA 13 CZERWCA 2013 R." Zeszyty Prawnicze 16, no. 1 (December 1, 2016): 171. http://dx.doi.org/10.21697/zp.2016.16.1.06.
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The Situation of Rape Victims after the Amendment of 13June 2013to the Polish Penal CodeSummaryThe paper describes the situation of rape victims in Poland followingthe amendment of 13 June 2013 to the Polish Penal Code. Under thenew provisions rape is an offence prosecutable in proceedings officiallybrought by the public prosecutor. Hitherto rape charges were brought bythe victim or the victim’s legal guardian. This study concerns the issueof the substantive and procedural legal consequences for the victim whodoes not want to testify because of the particular situation in which he/she has found himself, e.g. rape trauma syndrome or dependence onthe offender.
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Balemba, Samantha, and Eric Beauregard. "What leads victims to resist? Factors that influence victim resistance in sexual assaults." Journal of Criminal Psychology 9, no. 3 (August 5, 2019): 122–37. http://dx.doi.org/10.1108/jcp-05-2019-0014.
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PurposeVictim resistance has been shown to have an important impact on the outcome of sexual assaults. Thus, the factors that affect a victim’s likelihood of various levels of resistance are relevant to consider, given the possibly detrimental effect these actions can have on crime outcome. While not intended to blame the victim in any way, it is important to examine the role the victim plays within a sexually coercive interchange in order to completely understand the sex crime event and, thus, be able to inform potential victims as to the patterns that increase resistance and, potentially, overall violence. The paper aims to discuss this issue.Design/methodology/approachSequential logistic regression analyses were conducted on a sample of 613 sex offenses (incorporating both adult and child victims) to examine the individual and combined effects of offender lifestyle, disinhibitors, victim vulnerability, situational impediments and offender modus operandi on victim resistance levels.FindingsResults suggest that indicators of offender mindset are significant, particularly the use of pornography prior to the crime, and affect victim interpretation and response to the offender’s actions during the course of the assault. Other relevant factors include the victim’s age and the degree of violence present in the offender’s approach and subsequent offending strategies.Originality/valueThis information would be helpful to incorporate into victim education programs so that past and future potential victims can better understand the criminal event and the causes and effects of their own actions within that event.
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Wilbanks, William. "Is Violent Crime Intraracial?" Crime & Delinquency 31, no. 1 (January 1985): 117–28. http://dx.doi.org/10.1177/0011128785031001007.
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The commonly accepted view that violent crime is intraracial as opposed to interracial is reexamined. Victim survey data on perceived race of offender are used to suggest that the issue of intraracial versus interracial crime should be examined from four perspectives: white offender's choice of victim (e.g., white or black); black offender's choice of victim; white victim's perception of race of offender; and black victim's perception of race of offender. A Detailed analysis of victimization survey data indicates that violent crime in the United States (robbery, assault, and rape) is intraracial from three perspectives (whites chose other whites as victims, whites were largely victimized by other whites, and blacks were largely victimized by other blacks). However, black offenders were more likely to choose white victims in robberies, assaults, and rapes. Tentative and alternative explanations for this previously unexamined fact of interracial crime are suggested.
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Chankova, Dobrinka, and Gergana Georgieva. "Towards Coherent European Crime Victims Policies and Practices." International conference KNOWLEDGE-BASED ORGANIZATION 25, no. 2 (June 1, 2019): 122–27. http://dx.doi.org/10.2478/kbo-2019-0067.
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Abstract This study explores the latest developments on the European scale of the policies and practices towards victims of crime. Due to many economic and political factors a lot of people are in movement and exposed to the risk of becoming victims of crime. During the last decade the statistics already records enhanced victimization of the global European society. These have provoked numerous legislative actions and practical initiatives in order to ensure safety, to prevent falling victims to crime and to protect better victim’s rights and needs. The European Protection Order Directive, Victims’ Directive and Convention against domestic violence, are among the most advanced legal acts worldwide. However, it is observed that their implementation in Europe is asymmetric and sometimes problematic. This paper explores the role of the national governments and specialized agencies and mainly the deficits in their activities leading to the non-usage of victims of all the existing opportunities. The newest supra-national acts aiming at the acceleration of transposition and ratification of these important for the building of victim-friendly environment documents, are discussed. Practical recommendations for a more effective victim protection are developed.
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Musab Omar Al-Hassan Taha, Wesam Mohammad Almeshal, Musab Omar Al-Hassan Taha, Wesam Mohammad Almeshal. "The role of the Palestinian police in protecting victims of crimes: دور الشرطة الفلسطينية في حماية حقوق ضحايا الجريمة." مجلة العلوم الإقتصادية و الإدارية و القانونية 5, no. 14 (July 30, 2021): 133–17. http://dx.doi.org/10.26389/ajsrp.s121220.
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This paper aimed to identify the role of the Palestinian police in protecting the rights of victims by informing the victims of their rights, and determining the victim's right to protection by the judicial police. The researchers used the descriptive and analytical approach based on legal texts related to the protection of the rights of crime victims. This research paper concluded with a set of results and the important results are protection the human rights is the only way to make the human responsive about his community, and the balance between the individual rights and freedoms, the country right, community interest and it’s security and stability is vital necessity. The evidence of Palestinian police Confirmed the rights of victims in protection, and their right of recognizing their roles and the procedures that must be followed in their issues. At the end the two researchers recommended that police officers, especially judicial officers and the General Investigation Department, should receive adequate training to make them aware of how to deal with victims of crime. And how to define the victim's needs, know the principles of providing appropriate and immediate aid, establish rules for listening to the victim's complaint, deal with it and help her, and the need to notify the victim of interest in his case, and to inform him that his presence at the police headquarters will bring him justice and fairness.
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Olson, Rebecca E., Adil M. Khan, Dylan Flaws, Deborah L. Harris, Hasan Shohag, May Villanueva, and Marc Ziegenfuss. "Victors, Victims, and Vectors." Perspectives in Biology and Medicine 64, no. 3 (2021): 408–19. http://dx.doi.org/10.1353/pbm.2021.0032.
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SEONG, HYUN JEONG. "Role and Task of Public Defender of Crime Victim: Focused on sex crimes and child abuse crimes." Korean Association Of Victimology 31, no. 2 (August 31, 2023): 265–92. http://dx.doi.org/10.36220/kjv.2023.31.2.265.
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Article 12 Clause 4 of the Constitution of the Republic of Korea provides for the assistance of lawyers. “Anyone who is arrested shall have the right to be assisted immediately by a lawyer.” When a criminal defendant is unable to seek an attorney for himself/herself, the State shall assign a lawyer as prescribed by law.｣ Criminals may, of course, be protected by the appointment of a lawyer when they are investigated by an investigative agency on the basis of the Constitution. Article 33 Clause 1 of the Criminal Procedure Act also specifies the assistance of counsel. The spirit of the constitution was reflected. ｢If it falls under certain conditions and is necessary to protect the rights of criminal offenders, a lawyer shall be selected as necessary. If the economically poor or the physically and mentally handicapped cannot appoint a lawyer, the state protects the defendant's rights in selecting a public defender.｣
But what laws are the victims of crime protected by? Article 10 of the Constitution of the Republic of Korea stipulates the “right to pursue happiness of all citizens.” Article 11 of the Constitution stipulates equal rights for all citizens. Clause 2 of Article 294-2 of the Criminal Procedure Act guarantees the right of victims to state. However, other than that, there are no other regulations protecting victims' rights. Thus, it received a lot of criticism. ｢① After a crime incident, secondary damage is inflicted. ② Victims of a crime shall not be directly involved in an investigation or trial. ③ All citizens are equal.｣ Due to these criticisms, the victim's lawyer system was introduced in 2012. The system of public defenders for victims has been in effect since March 6, 2012. Nevertheless, the system has not been properly established in criminal practice yet. Therefore, confusion has continued. This is because the scope and rights of lawyers for victims of crime and their status in litigation are unclear.
Germany settled the issue of protecting victims of crime in 1998 by enacting new legislature. “Act on the Protection of Witnesses and the Improvement of Victims’ Protection when interrogating witnesses in criminal cases: The Witness Protection Act.” Germany clearly defined the rights of crime victims to counsel by the law. Since then, the law has been constantly revised. The rights of crime victims to counsel became victims' rights. Article 395 of the German Criminal Procedure Act stipulated the private prosecution system and the participation system in a public prosecution. Crime victims are equal litigants. It is a legal position recognized by the Criminal Procedure Act. According to the German Criminal Procedure Act, the protection of witnesses has been strengthened. You can exclude the accused and interrogate the witness. Also, it is possible to read a report and record a witness on a tape recorder.
Japan has also introduced victim’s participation system. Victims and victims’ lawyers may appear at the trial date and ask the defendant for a witness. Opinions on the confirmation of facts or the application of laws may be stated in the trial. The protection of crime victims has been strengthened. This is the crime victim’s protection system in Germany and Japan.
The spirit of the Constitution is urging more rights for crime victims. The Criminal Procedure Act should establish a stipulation for the protection of victims. The legal rights of the victim’s lawyer should also be clearly defined. Only then, can victim lawyers be more active for victims in the investigation and trial stages with legal grounds. The assistance of the investigative agency alone is not enough. You can refer to the German Criminal Procedure Act and the Japanese Criminal Procedure Act.
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Головкін, Богдан Миколайович. "Victim behavior of crime victims." Problems of Legality, no. 135 (December 15, 2016): 124–35. http://dx.doi.org/10.21564/2414-990x.135.83130.
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Mozin, Nopiana, Lucyane Djaafar, and Risha Safitri Ibrahimr. "Legal Protection of Women and Children Victims of Sexual Violence in Gorontalo City Police." LEGAL BRIEF 12, no. 1 (April 28, 2023): 158–65. http://dx.doi.org/10.35335/legal.v12i1.758.
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Legal protection in Indonesia is given to everyone based on equal rights and obligations as well as standing before the law. In this case, women and children are given extra legal protection because they are vulnerable to becoming victims of violence. In Gorontalo itself, the number of sexual violence increases every year. This is corroborated by the findings of cases of sexual violence from November 2019 to 2022, namely 105 cases. Regarding protection, the Gorontalo City Police Women's and Children's Service Unit has a role in protecting against all forms of violence, especially sexual violence. Sexual violence is defined as forced sex that can be performed by anyone who does not care about their relationship with the victim. The method used in this research is qualitative analysis, where research findings are obtained from literature research, document studies, and interviews. The purpose of this research is to find out legal protection efforts for women and children who are victims of sexual violence in Gorontalo and what are the inhibiting factors for legal protection for children and women who are victims of sexual violence themselves. In the findings of this study, legal protection for women and children who were victims of sexual violence, namely that victims immediately received assistance from the Integrated Service Center for Empowerment of women and children (P2TP2A) at the Gorontalo City Police in the initial process. Assistance is focused on the mental and psychological health of the victim. After that, if the victim is not satisfied with the process, the Integrated Women and Children Empowerment Service Center (P2TP2A) will assist the victim in submitting a report to the National Police so that it is followed up through the court process. The inhibiting factors found in this study were the victim's uncooperativeness in providing information due to mental disturbances due to trauma, as well as the location of the victim's house which was quite far away in terms of the process of providing legal protection itself.
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Miller, JoAnn. "An Arresting Experiment." Journal of Interpersonal Violence 18, no. 7 (July 2003): 695–716. http://dx.doi.org/10.1177/0886260503251130.
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This study looks at the experiences and perceptions that domestic violence victims reported with Mills's power model. The victims' partners were the primary research participants in an arrest experiment. The following were empirically examined: the occurrence of violence following suspect arrest, victim perceptions of personal and legal power, victim satisfaction with the police, and victim perceptions of safety following legal intervention. Race and two victim resource measures (i.e., employment status and income advantage) explained variance in perceptions of independence. A police empowerment scale was used to measure legal power. It was found that arrest affected the probability of reoccurring domestic violence. Suspect arrest and the victim's perceptions of legal power were related to perceptions of safety following police intervention. The study concludes with some implications for domestic violence research, programs, and perspectives.
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Susilowati, Christina Maya Indah. "THE RESTITUTION IN HUMAN TRAFFICKING LAW ENFORCEMENT IN RELATION TO VICTIM PROTECTION." Jurnal Pembaharuan Hukum 9, no. 2 (September 2, 2022): 294. http://dx.doi.org/10.26532/jph.v9i2.17550.
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This is a general policy in the form of restitution or compensation from the criminal to the victim of human trafficking crime which becomes a parameter of victim's right fulfilment. The weakness in its formulation leads to lack of firmness of its implementation. In this writing I will make a theoretical study related to restitution law structure for human trafficking victims. This research jurisdically studied about the non-clarity of the policies related to restitution. The method used in this research is law research assisted by library study & evaluation to restitution policy making in human trafficking law enforcement. This research is important because human trafficking is now becoming a trasnational crime which is well structured & sistematically arranged. Human trafficking gives great advantage to the criminal doing it. It is because the victims become a never ending commodity. Some considerations about restitution policy, have negated that human trafficking victims are vulnerable to have a secondary victimization risk. They come face to face with this risk when they deal with the operation of criminal laws, because the law has not fully accomodated the victim's right. That's why we need a legal form in having a victim based approach restitution.
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Surya, Faizal adi. "PERLINDUNGAN HUKUM KORBAN KEKERASAN SEKSUAL DALAM PEMBERITAAN MEDIA ONLINE DI INDONESIA." Jurnal Hukum Samudra Keadilan 17, no. 2 (August 12, 2022): 142–57. http://dx.doi.org/10.33059/jhsk.v17i2.4914.
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Abstract
Sexual violence is a form of crime and a violation of human rights. Sexual violence causes psychological trauma that makes victims deeply suffer in a long term. However, the existence of news reports of sexual violence does not on the victim’s side. This article aims to find norms for legal protection in online media coverage. This argument is based on the fact that mass media coverage is not on the sexual violence victims' side.. This impartiality is indicated exposing the victim's name. Detailed news writing that makes readers visualize, and Victim Blamming occurs. Tribunnews as one of the leading online media in Indonesia is used as a research sample. The reason is that because this media often does click bait. The research method used is normative juridical. The results of the study show: First, Tribunnews coverage is not on the victim’s side. Second, protection for sexual violence victims is not found in the statutory norms. Third, protection for victims of sexual violence can be found in the Legal Products of the Press Council. Fourth, the Legal Products of the Press Council have weak applicable powers in law enforcement.
Keyword : Legal Protection, Sexual Violence, Media Coverage
Abstrak
Kekerasan seksual merupakan salah satu bentuk kejahatan dan pelanggaran terhadap Hak Asasi Manusia. Kekerasan seksual menyebabkan trauma kejiwaan yang membuat korban tersiksa secara mendalam, berlapis, dan berjangka waktu lama. Namun, keberadaan pemberitaan kekerasan seksual tidak berpihak kepada korban. Artikel ini bertujuan mencari norma perlindungan hukum dalam pemberitaan di media online. Argumentasi ini didasari bahwa pemberitaan media massa tidak berpihak kepada korban kekerasan seksual. Ketidakberpihakan tersebut ditandai dengan adanya penulisan nama korban. Penulisan berita yang detail sehingga membuat pembaca berimajinasi, dan Victim Blamming. Tribunnews sebagai salah satu Media Online terdepan di Indonesia dijadikan sample penelitian. Hal ini dikarenakan media tersebut sering melakukan click bait. Metode penelitian yang digunakan adalah Yuridis Normatif. Hasil Penelitian menunjukan, Pertama, Pemberitaan Tribunnews tidak berpihak kepada korban. Kedua, Perlindungan terhadap korban kekerasan seksual tidak ditemukan dalam norma perundang undangan, Ketiga, Perlindungan terhadap korban kekerasan seksual bisa ditemukan dalam Produk Hukum Dewan Pers. Keempat, Produk Hukum Dewan Pers memliki kekuatan berlaku yang lemah dalam penegakkan hukum.
Kata kunci : Perlindungan Hukum, Kekerasan Seksual, Pemberitaan Media
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Moore, Dawn, and Rashmee Singh. "Seeing crime, feeling crime: Visual evidence, emotions, and the prosecution of domestic violence." Theoretical Criminology 22, no. 1 (January 11, 2017): 116–32. http://dx.doi.org/10.1177/1362480616684194.
Full textAbstract:
Changes in prosecutorial strategies vis-a-vis domestic violence introduced new models of investigation that privilege images of victims. Drawing on case law, we argue these visual artefacts of victims’ injuries as well as their videotaped sworn statements describing their assaults constitute what Haggerty and Ericson call a ‘data double’, a virtual doppleganger who is meant to stand, often antagonistically in the stead of the flesh and blood victim. We further suggest, following theorizing on the emotional impact of images, that these pictures and videos, presented in court, have an emotional stickiness that differently affects both judges and juries as compared to the testimony of the flesh and blood victim. Thinking through temporality and notions of femininity we conclude that the truth effect of these images is that the victim’s data double becomes more human than human, forcing us to rethink the relationships between victims, images, and the machinations of justice.