VICTIMOLOGY

• Historically, the Latin term victima was used to

describe individuals or animals whose lives were
destined to be sacrificed to please a deity. It did
not necessarily imply pain or suffering, only a
sacrificial role. In the nineteenth century, the
word victim became connected with the notion
of harm or loss in general ( Spalek 2006 ). In the
modern criminal justice system, the word victim
has come to describe any person who has
experienced injury, loss, or hardship due to the
illegal action of another individual, group, or
organization (Karmen 2004 ).
• The term victimology first appeared in 1949, in a
book about murderers written by forensic
psychiatrist Fredric Wertham. It was used to
describe the study of individuals harmed by
criminals (Karmen 2007 ). Today, as explained in
our Preface, victimology refers generally to the
scientific study of victims and victimization,
including the relationships between victims and
offenders, investigators, courts, corrections,
media, and social movements
• Oxford English Dictionary ‘a person killed or
tortured by another’, ‘a person subjected to
cruelty, oppression, or other harsh, or unfair
treatment, or suffering death, injury, ruin,
etc., as a result of an event, circumstance or
oppressive impersonal agency’.
 KEY FIGURES
• As mentioned earlier, the origins of scientific
victimology can be attributed to a few key figures in
criminology, including Hans von Hentig, Benjamin
Mendelsohn, Stephen Schafer, and Marvin Wolfgang
(Karmen 2007). Their early work involved the first
attempts at studying the victim-offender relationship
in a systematic fashion, however misguided by
generalizations, personal bias, and professional
agendas. Each of them will be discussed, as their
approaches to victim study are the most relevant to
some of the questions posed by modern-day forensic
victimologists.
• Hans von Hentig In the first half of the last
century, Hans von Hentig was a criminologist
from Germany seeking to develop better
crime prevention strategies. Having
researched the factors that predisposed one
to criminality, he began to wonder what
might cause a victim to become a victim. He
ultimately found that certain victim’s
characteristics did play a role in shaping the
crimes suffered
• Von Hentig originally classified victims into
one of 13 categories, which could easily be
described as a list of characteristics that
increase victim vulnerability or exposure to
danger
• 1 . The Young: Von Hentig was referring to
children and infants. From a contemporary
point of view, children are physically weaker,
have less mental prowess, have fewer legal
rights, and are economically dependent on
their caretakers (parents, guardians,
teachers, and so forth); they also have the
potential to be exposed to a wider range of
harm than adults.
• 2 . The Female: Von Hentig was referring to
all women. From a contemporary point of
view, many women are physically weaker
than men. Many have been culturally
conditioned, to varying degrees, to accept
male authority. And many women are
financially dependent on the men in their
lives (fathers, husbands, and so forth).
• 3 . The Old: Von Hentig was referring to the
elderly. In a contemporary sense, they have
many of the same vulnerabilities as children:
they are often physically weaker, mentally
less facile, and may be under someone else’s
care. This can expose them to a range of
harms, from the theft of personal property to
physical abuse
• 4 . The Mentally Defective and Deranged:
Von Hentig was referring to the feeble-
minded, the “insane,” drug addicts, and
alcoholics. Those who suffer from any of
these conditions have an altered perception
of reality.
• 5 . Immigrants: Von Hentig was referring to
foreigners unfamiliar with a given culture.
Anyone traveling to a culture different from
their own is subject to varying gaps in
communication and comprehension.
• 6 . Minorities: Von Hentig was referring to
the “racially disadvantaged,” as he put it.
What this truly means is prejudice. Groups
against which there is some amount of bias
or prejudice by another may be exposed to
varying levels of abuse and violence
• 7 . Dull Normals: Von Hentig was referring to
“simple-minded persons,” as he put it. From
a contemporary viewpoint, we might
consider these as having the same types of
exposure to harm as those who are mentally
defective and deranged.
• 8 . The Depressed: Von Hentig was referring
to those with various psychological maladies.
From a contemporary viewpoint, those who
are depressed may expose themselves to all
manner of danger, intentional and otherwise.
• 9 . The Acquisitive: Von Hentig was referring
to those who are greedy and looking for
quick gain. Such individuals may suspend
their judgment, or intentionally put
themselves in dangerous situations, in order
to achieve their goals.
• 10 . The Wanton: Von Hentig was referring to
promiscuous persons. People who engage in
indiscriminate sexual activity with many
different partners expose themselves to
different levels of disease and varying
personalities.
• 11 . The Lonesome or Heartbroken: Von Hentig
was referring to widows, widowers, and those in
mourning. From a contemporary standpoint,
loneliness is at epidemic proportions, with more
than half of marriages ending in divorce, the rise
of the culture of narcissism since the late 1970s
(see Lasch 1979 ), and diminishing intimacy skills
across all cultures. This category does not apply
only to those in mourning; those who are lonely
or heartbroken are prone to substance abuse,
and can be easy prey for con men, the abusive,
and the manipulative
• 12 . The Tormentor: Von Hentig was referring to
the abusive parent. In contemporary terms,
there are abusive caretakers, intimates, and
family members of all kinds. All such abusers
expose themselves to the harm they inflict, the
resulting angst, and the degree to which their
victims fight back. For example, an abusive
mother who gets drunk and punches a child
exposes herself to the dangers of injuring her
hand, of misjudging her strike and even her
balance, and of the child punching back.
• 13 . The Blocked, Exempted, or Fighting: Von
Hentig was referring to victims of blackmail,
extortion, and confidence scams. In
contemporary times, such victims are still
exposed to continual financial loss or physical
harm, or must suffer the consequences that
come from bringing the police in to assist. In
such cases, the attention of law enforcement,
and any subsequent publicity, may be the
very thing that the victim wishes to avoid.
• Mendelsohn’s six victim types, as adapted from Meadows
(2007 , 22) are:
• 1 . Completely innocent victim: Exhibits no provocative or
contributory behavior prior to the offender’s attack.
• 2 . Victim due to ignorance: Unwittingly does something that
places him or her in a position to be victimized.
• 3 . Voluntary victim: Suicides, or those injured while
participating in high-risk crimes such as drug abuse or
prostitution.
• 4 . Victim more guilty than the offender: Victim provokes a
criminal act (e.g., throws the first punch in a fight but ends
up the loser).
• 5 . Most guilty victim: The initial aggressor, but due to
circumstances beyond his or her control ends up the victim
(e.g., attempts to rob a convenience store but is shot by the
storeowner).
• 6 . Simulating or imaginary victim: A pretender, or false reporter.
• According to Doerner and Lab (2002) , Schafer proposed
seven types of victim responsibility (or victim
precipitation), which are essentially a variation on the
work of Von Hentig (2002 , 8):
• 1 . Unrelated victims (no victim responsibility)
• 2 . Provocative victims (victim shares responsibility)
• 3 . Precipitative victims (some degree of responsibility)
• 4 . Biologically weak victims (no responsibility)
• 5 . Socially weak victims (no responsibility)
• 6 . Self-victimizing (total victim responsibility)
• 7 . Political victims (no responsibility)
• Victimology attempts to understand why
some people are more prone than others in
becoming victims of crime. The
textbook, Criminology by Larry J. Segal gives
us four major theories on victimology.
• Of course, these theories are not inferring
right and wrong, they're establishing cause
and effect. They do not suggest, 'as the victim
did x, therefore the victim deserved it.
• 1. Victim Precipitation Theory
• According to victim precipitation theory,
some people may actually initiate the
confrontation that eventually leads to their
injury or death.
• Examples:
• In 1971, Menachem Amir suggested female
rape victims often contribute to their attacks
by... pursuing a relationship with the rapist.
• Victim Impulsivity
• The concept of ‘Victim’ precipitation deals
with the case in which the victim has had
something to do with his own victimization.
Hence, the victim precipitated cases are
those in which the victim was the first to
show and use a deadly weapon, to strike a
blow in an altercation. In short the first to
commence the interplay or resort to physical
violence.
• According to Fooner, “If a person has not acted
with reasonable self-protective behaviour in
handling has money, jewellery, or other valuable
and has become the victim of robbery, he
cannot be considered an innocent victim. He
has… created a ‘temptation opportunity’
situation giving the criminal incentive and help.
Victims are essential for crime, so directly or
indirectly all victims are somewhat responsible
for victimization
• 2. Lifestyle Theory
• Some criminologists believe people may become crime
victims because their lifestyle increases their exposure to
criminal offenders.
• Examples
• Single women who drink frequently and have a prior
history of being sexually assaulted are most likely to be
assaulted on [college] campus.
• People who belong to groups that have an extremely risky
life—homeless, runaways, drug users—are at high risk for
victimization; the more time they are exposed to street
life, the greater their risk of becoming crime victims.
• 3. Deviant Place Theory
• The more often victims visit dangerous places,
the more likely they will be exposed to crime
and violence. Victims do not encourage crime,
but are victim prone because they reside in
socially disorganized high-crime areas where
they have the greatest risk of coming into
contact with criminal offenders, irrespective of
their own behavior or lifestyle.
• 4. Routine Activities Theory
• ...the volume and distribution of predatory crime
(violent crimes against a person and crimes in which
an offender attempts to steal an object directly) are
closely related to the interaction of three variables
that reflect the routine activities of the typical
American lifestyle:
• 1. The availability of suitable targets, such as homes
containing easily saleable goods
• 2. The absence of capable guardians, such as police,
homeowners, neighbors, friends, and relatives
• E3. The presence of motivated offenders, such as a
large number of unemployed teenagers.
• Restorative justice is a theory of justice that
emphasizes repairing the harm caused by
criminal behaviour. It is best accomplished
through cooperative processes that include
all stakeholders. This can lead to
transformation of people, relationships and
communities.
• Practices and programs reflecting restorative
purposes will respond to crime by:
• identifying and taking steps to repair harm,
• involving all stakeholders, and
• transforming the traditional relationship
between communities and their governments
in responding to crime.
• Restorative justice is a process whereby all
the parties with a stake in a particular
offense come together to resolve collectively
how to deal with the aftermath of the
offense and its implications for the future.
Tony Marshall
 How does the restorative justice
process work?
• The significance of Reporting Behaviour
• The factors Affecting Reporting Behaviour
• The reasons for not Reporting Crimes
• The barriers to reporting
 The rights of the victims
• This has been classified and brought under
four specific heads as follows under the
• Declaration of Basic Principles of Justice for
Victims of Crime and Abuse of Power (1985):
1. Access to Justice and Fair
Treatment
 2. Restitution

• The law of restitution is the law of gains-based

recovery. It is to be contrasted with
• the law of compensation, which is the law of loss-
based recovery. Obligations to
• make restitution and obligations to pay compensation
are each a type of legal
• response to events in the real world. When a court
orders restitution it orders the defendant to give up
his/her gains to the claimant. When a court orders
compensation
• it orders the defendant to pay the claimant for his or
her loss.
 Compensation

• It can be stated that object of granting

compensation to the victim is to alleviate the
• sufferings of the victim, to make the loss
easier to bear for the victim and his family,
• are humanise victims and restore their
dignity. It also has its object to encourage
• the victim to report the crime and cooperate
with the criminal justice system
 4. Assistance

• State is obliged to provide public assistance to

victims by way of monetary
• compensation apart from guaranteeing other
rights to them.These directives
• though non justiciable, imposes obligation on
the state to take positive action for the
• welfare of the people. Moreover many of the
Directives are elevated to the status of
• Fundamental Rights by judicial decisions
• To address the needs as directed in the United Nations’ Convention, the
state of Tamil Nadu in India has an All Women Police Station in every
subdivision now totaling 524 stations (National Crime Records Bureau:
Ministry of Home Affairs, 2009). When established initially in Tamil Nadu
in 1993, the objectives of the AWPS were as follows:
• (1) deal with crimes against women, including family violence and dowry
disputes,
• (2) frisk and escort women detainees,
• (3) provide immediate relief to women in distress,
• (4) rescue girls and missing children,
• (4) assist policemen in the raids to curb immoral trafficking,
• (5) conduct public order duties at large congregations of women,
• (6) investigate crime cases against women under Indian Penal Code &
other laws, and
• (7) provide 24/7 women and children helpline services.
The Significance of Reporting
Behaviour
• Types of reporting
• 1. Formal System
• 2. Informal System
 Barriers to reporting

• Research has also focused on identifying

enabling resources that may inhibit
helpseeking
• behavior among victims of crime and trauma
 Personal Barriers

• ß Too trivial or inappropriate to report to police

• ß Dealt with it themselves
• ß Regard it as a private matter
• ß Not a ‘real’ crime
• ß Not clear that harm was intended
• ß Shame, embarrassment
• ß Did not want family or others to know
• ß Fear of reprisal by assailant
• ß Self-blame or blamed by others for the attack
• ß Desire to protect offender, relationship, or children
Criminal Law (Amendment) Act, 2013
and Victim
• Position of victim prior to CLAA, 2013:
• In the aftermath of UN Declaration of Basic Principles
of Justice for Victims of Crime and Abuse of Power,
1985 the crime victims have started gaining attention
of both judiciary and law makers. The legislature has
introduced many victim centric provisions in the
substantive and procedural criminal laws whereas the
judiciary is consistently attempting to enforce that
victims of crime should berecognised as a prime
stakeholder in the criminal justice system. The set of
amendments brought before CLAA, 2013 have dealt
with issues of crime victims in general and with those
of woman and child victims.
• CLAA, 2013 and victims of crime:
• As mentioned above, the primary focus of CLAA, 2013
was to address concerns of public at large
• towards the increasing incidents against women. The
entire effort of Justice Verma Committee was
• also to bring reforms in the existing framework of law.
The Committee has proposed many changes
• but not all were incorporated in the CLAA, 2013. The
changes which are introduced by the CLAA,
• 2013 and relevant to crime victims can be discussed
under the following heads:
 Reporting of Crime:

• Under-reporting of crime is a serious challenge in our

country. Sometimes victim may choose not to
• report the incident to police whereas in other cases
where victim prefers to report the crime, the police
• may choose not to register the same It also reflects in
imbalance
• between prevalence of crime and its reporting in any
region. Therefore, it was necessary to provide a
• trustworthy system which may encourage victims to
come forward and report the crime.
• The CLAA, 2013has introduced two significant
changes in this regard. First, a proviso to section 154
• of the Code of Criminal Procedure, 1973 (Code) was
added which required recording of information,
• given by the victim disclosing either commission or
attempt to commit offence in the nature of acid
• attack or sexual assault, preferably by a woman police
officer and in case no woman police officer is
• available then by any woman officer.
• The second proviso to section 154 has attempted to
facilitate victims who are permanently or
• temporarily mentally or physically disabled in matters of
reporting of crime. Therefore, where a crime
• of acid attack or sexual assault is attempted or committed
against a woman who is temporarily or
• permanently mentally or physically disabled, the
information regarding such crime shall be recorded
• by a police officer i) at her residence, or ii) at a place of
her choice. Such information shall be
• recorded in the presence of an interpreter or a special
educator. The recording of such information
• shall be videographed
• Secondly, a corresponding amendment was made in
the Indian Penal Code (IPC) whereby section
• 166A was added. Section 166A(c) obliges every police
officer to immediately register first
• information report (FIR) in cases where the
information discloses commission of a cognizable
offence
• in the nature of acid attack or sexual assault. Non-
recording or refusal to record such information shall
• attract criminal sanction and the police officer shall
be liable for punishment under section 166A
• IPC.
• The subsequent decision in Lalita Kumari v.
Govt. of U.P.5 has also confirmed that police has
no
• discretion but to register FIR if the information
discloses commission of a cognizable offence.
• Both the CLAA, 2013 and the decision in Lalita
Kumari have attempted to streamline the
process of
• crime reporting by making the process victim
friendly and police more accountable.
• Recording of statement:
• Following the observations of the Supreme Court in Nandini
Satpathy v. PL Dani6 section 160 of the
• Code was already amended to the effect that no woman shall be
required to attend at any place other
• than the place where she resides. The CLAA has effected further
change in the process of requiring
• attendance and expanded such protection even to a person who is
mentally or physically disabled.
• As far as recording of statement is concerned sub clause (3) to
section 161 was inserted which required recording of statement of
a woman victim of acid attack or sexual assault by a woman police
• officer or by any woman officer
• Similarly sub section 5A was added to section
164 which provided for recording of
statement of a victim of an offence of acid
attack or sexual assault by a Judicial
Magistrate soon after the
• commission of such crime is brought to the notice of
the police officer. The duty of the police officer
• to get such statement recorded by the Judicial
Magistrate is provided under sub-clause (3) of the
• proviso to section 154 of the Code. The Magistrate
shall take assistance of interpreter or special
• educator if the victim making statement is
temporarily or permanently mentally or physically
• disabled. In such cases the recording of statement
must be videographed
• The CLAA, 2013 has facilitated the disabled persons
even in cases of identification of arrested
• person. Proviso to section 54A provides that where
the person identifying the arrested person is
• mentally or physically disabled, such process of
identification shall take place under the supervision
• of a Judicial Magistrate. The Judicial Magistrate shall
take appropriate measures to ensure that the
• methods of identification are designed keeping in
view the needs of such person. In all such cases the
• process of identification shall be videographed
 Examination of witness/victim:

• The CLAA, 2013 has extended protection to victims of

sexual assault at the trial stage by bringing significant
changes in the Code. One such amendment is made in
section 273 in matters of recording of statement of a rape
victim.
• Way back in 2004 in the case of Sakshi v. Union of India9
the Supreme Court has observed that the victims of rape
should be provided with comfortable atmosphere to make
them depose the entire
• incident with ease. They should not feel fear or
embarrassed. In this regard the Court has issued
• following directions for the protection of victims of child
sexual abuse
• These directions were in addition to the
directions issued by the Supreme Court in the
case of State of Punjab v. Gurmit Singh where
the Court has given direction to invariably
conduct rape trials in camera as per section
327(2) of the Code
 Speedy trial:

• To afford speedy trial in rape cases the CLAA, 2013

has brought change in section 309 of the Code.
• Section 309 provides that where an inquiry or trial is
related to rape cases, the same must be
• completed within a period of two months. Earlier this
period of two months was to be counted from
• the date of commencement of the examination of
witnesses but after the 2013 amendment the period
• of two months to be counted from the date of filing
of the charge sheet.
 Compensation:
• Section 357A requires every state to prepare Victim Compensation
Scheme (VCS) for the award of compensation to crime victims. Many
states have prepared VCS to fulfil the requirement under
• section 357A which contain amount of compensation depending upon
nature of offence.17 It has been noticed that there is disparity in amount
of compensation for similar crimes among VCS prepared by different
states. Therefore the central government has established a Central
Victim Compensation Fund (CVCF) to support and supplement the state
VCS and to reduce the disparity in quantum of
• compensation amount.18 The CVCF has fixed a minimum amount of
rupees 3 lakhs as compensation for the offence of rape and acid attack.
Whereas for other types of sexual assault excluding rape the quantum of
compensation is fixed as fifty thousand rupees. Where the victim of
sexual assault is less than 15 years of age the compensation amount
shall be increased by 50%.
• Nilabeti Behra v. State of Orissa6 is an
example of this trend where constitutional
• jurisdiction was used so as to ensure justice
to victims of crime. Courts have used this
• jurisdiction to award compensation even
against the instrumentalities of the State for
• their failure in providing protection to the
rights of the victims
• Indian Constitution and Compensation:
• In Rudul Sah v. State of Bihara, it was held
that if there is a deprivation of fundamental
right under Article 21, this court can grant
compensation under Article 32 of the
• Constitution.
• Supreme Court observed in the case of Nilabeti Behra v.
State of Orissa14,
• “The wide powers given to this court by Article 32, which
itself is a fundamental right,
• imposes a constitutional obligation on this court to forge
such new tools, which may be
• necessary for doing complete justice and enforcing the
fundamental rights guaranteed in
• the constitution, which enable the award of monetary
compensation in appropriate cases,
• where that is the only mode of redress available. The
power available to this court under
• Article 142 is also an enabling provision in this behalf.”
• Supre“Grant of compensation in proceedings under
Article 21 and 226 of the Constitution of
• India for the established violation of the fundamental
rights guaranteed under Article 21 is
• an exercise of the courts under the public law
jurisdiction for penalizing the wrong doer
• and fixing the liability for the public wrong on the
State which failed in the discharge of
• its public duty to protect the fundamental rights of
the citizenme Court further went on to state that,
• In Abdul Rashid v. State of Odisha & Others, scope of
compensation was widened by
• making it applicable not only in the case of victims of state
excesses but to the victims of
• crime too. It was observed by the Court that
• “Expanding scope of Article 21 is not limited to providing
compensation when the State
• or its functionaries are guilty of an act of commission but
also to rehabilitate the victim or
• his family where crime is committed by an individual
without any role of the State or its
• functionary.”
• In the case of Bodhisattwa Gautam v. Miss
Subhra Chakraborty22 Supreme Court
• exercising its inherent power awarded
interim compensation to the rape victim who
was
• impregnated twice by the offender and suffered
two abortions as a result of same
• impregnation. Accused though earlier married
victim, but refused to recognize her as his
• wife later on. He was ordered to pay Rs. 1,000/-
every month as interim compensation
• with arrears of compensation from the date of
filing of the complaint.
 Special laws and Compensation
(Select)
• Probation of Offenders Act, 1958:Section 5 of the
Probation of Offenders Act deals
• with the power of the court to require released offenders
to pay compensation and
• costs. This section provides that in case an offender is
released under section 3 after
• admonition or under section 4 that is on probation of
good conduct, then the court
• releasing the offender has discretion to order the offender
to pay compensation for the
• loss or injury as has been suffered by the victim due to the
commission of the
• offence
• In the case of Hari Singh v. Sukhbir Singh& others59 two
parties caused serious injuries to each other. Due to the
injury, one of the victim suffered permanent speech
• loss. Accused convicted under section 307 read with
section 149 IPC. High court while altering the conviction
and releasing them on probation of good conduct,
• ordered each accused to pay compensation of rupees
2,500 to the victim. Finding that the compensation
awarded by the high court was inadequate, Supreme
Court increased the amount of compensation to Rs.
50,000/-.
• The Protection of Human Rights Act, 199361:Section 18 of
the Act provides for the steps during and after inquiry. If
an inquiry, whether during its continuance or upon its
completion, reveals that there has been a violation of
human rights or any public servant has been negligent in
his duty to prevent such violation of human rights or has
abetted for the same, then Human Rights Commission
may recommend to the
• concerned government to make such payment of
compensation to the victim or to the complainant or to
the family members of the victim as is sufficient in the
opinion ofhuman rights commission.62In can further give
its recommendations for grant of immediate interim relief
to the victim or to his family members
International Concerns for Victims of
Crime
• ‘International Concerns for Victims of Crime-
UN Declaration of BasiC Principles of Justice
for Victims of Crime and Abuse of Power,
1985,
• Handbook of Justice for Victims, 1999, Guide
for Policy Makers, 1999,
• National Organization for Victim Assistance
(NOVA) USA.