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Victimology Chapter 1 

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Victimology: the study of victimization and victims. Study of the etiology (or causes) of victimization, its consequences, how the criminal justice system accommodates & assists victims, & how other elements of society such as the media, deal with crime victims. Benjamin Mendelsohn first used the term victimology in 1947 to describe the scientific study of crime victims. Victimology is often described as a subfield of criminology and the two fields do share much in common-criminology. Victimology is a science. victimologists use the scientific method to answer questions about victims. History of Victimology: Before the Victims’ Rights Movement Before & throughout the Middle Ages ( 5th through 16th century), the burden of the justice system, informal as it was, fell on the victim. When a person or property was harmed, it was up to the victim and the victims family to seek justice. Typically achieved via retaliation. The justice system operated under the principle of Lex talionis: an eye for an eye. A criminal would be punished because he or she deserved it, and the punishment would be equal to the harm caused. Punishment based on these notions is consistent with retribution: a criminal is punished because he or she deserved it, and the punishment is equal to the harm caused. During the time, crime was considered a harm against the victim, not the state. The concepts of restitution and retribution governed action against criminals. Criminals were expected to pay back the victim through restitution: money or services paid to victims of crimes by the offenders. During this time, a criminal who stole a person’s cow likely would have to compensate the owner (the victim) by returning the stolen cow & also giving him or her another one. Code of Hammurabi: Early Babylonian code that emphasized the restoration of equity between the offender and the victim. The focus on the victim continued until the Industrial Revolution, when criminal law shifted to considering crimes violations against the state rather than the victim. The role of the victim in crime: Victim precipitation, victim facilitation and victim provocation Victim precipitation: the extent to which a victim is responsible for his or her own victimization. The concept of victim precipitation is rooted in the notion that although some victims are not responsible for his or her victimization, other victims are. Victim precipitation acknowledges that crime victimization involves at least two people – an offender and a victim – and that both parties are acting & often reacting before, during, and after the incident.

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Identifying victim precipitation does not necessary lead to negative outcomes, it is problematic when it is used to blame the victim while ignoring the offender’s role. Victim Facilitation: when a victim unintentionally makes it easier for an offender to commit a crime. Facilitation helps understand why one person may be victimized over another but does not connote blame and responsibility. Victim provocation: occurs when a person does something that incites another person to commit an illegal act.  Provocation suggests that without the victim’s behavior, the crime would not have occurred. Provocation most certainly connotes blame. In fact, the offender is not at all responsible. Hans von Henting

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Hans von Henting (1948): developed a victim typology based on characteristics of the victim that increase risk of victimization. Recognized the importance of investigating what factors underpin why certain people are victims, just as criminology attempts to identify those factors that produce criminality. Hans von Henting recognized that some of the same characteristics that produce crime also produce victimization. Chapter Two Extent, Theories, & Factors of Victimization 1929, the Uniform Crime Report (UCR): Annual report of the amount of crime reported to or known by the police in a year. Police departments around the country submit to the Federal Bureau of Investigation (FBI) monthly law enforcement reports on crimes that are reported to them or that they otherwise know about. The FBI then complies this data & each year publishes a report called Crime in the Unites States, which details the crime that occurred in the United States for the year. This report includes information on 8 offenses, known as the Part I index offenses: murder & nonnegligent manslaughter, rape, robbery, aggravated assault, burglary, larceny-theft, motor vehicle theft and arson. Arrest data are also listed in the report on Part II offenses, which include an additional 21 crime categories. Advantages and Disadvantages The UCR is an available data source for learning about crime & victimization. More than 97% of the population is represented by agencies participating in the UCR program, it provides an approximation of the total amount of crime experienced by almost all Americans (Federal Bureau of Investigation). It presents the number of crimes for regions, states, cities, towns, areas under tribal law enforcement, & colleges & universities. It does so annually so that crime trends can be determined for the country & foe these geographical units. Another benefit of the UCR is that crime characteristics are also reported. It includes demographic information (age, sex, & race) on people who are arrested and some information on the crimes, such as location & time of occurrence.

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The UCR includes information only on crimes that are reported to the police or of which the police are aware. All crimes that occur are bot represented, because crime victims often do not report their victimization to the police. Another limitation of the UCR as a crime data source is that the Part I index offenses do not cover the wide range of crimes that occur, such as simple assault & sexual assaults other than rape, & federal crimes are not counted. The UCR use the Hierarchy rule: if more than one Part I offense in the same incident report, only the most serious offense will be counted in the reporting process. If more than one Part I offenses occur within the same incident report, the law enforcement agency counts only the highest offense in the reporting process (FBI, 2009). Accuracy of the UCR data is also affected by law enforcement willingness to participate in the program & to do so by reporting to the FBI all offenses of which they are aware. The UCR can be used to paint a picture of crime in the US. In 2015, police became aware of 1,197,704 violent crimes & 7,993,631 property crimes. Most common offense is larceny-theft. Aggravated assaults are most common violent crime, although they are outnumbered by larceny-thefts. The typical criminal who is arrested is young (less than 30 years old) White male (although young black males have highest offending rates) National Incident-Based Reporting System

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Chapter Four Recurring Victimization Recurring victimization: occurs when a person or place is victimized more than once by any type of victimization. Repeat victimization occurs when a person or place is victimized more than once by the same type of victimization. Revictimization: when a person is victimized more than once by any type of victimization but across a relatively wide span of time-such as from childhood to adulthood. Study in terms of childhood sexual abuse & sexual assault in adulthood Polyvictimization: when a person, usually in childhood or during the same developmental time period, experiences multiple forms of victimization. Another form of recurring victimization. Near-repeat victimization: when a place is victimized that is close by or near in proximity to a place that was previously victimized.  Near repeats occur because of crime displacement within a relatively small geographical area after an initial victimization has occurred.  Near repeats are often studied in reference to burglary incidents.

Three Primary Responses

Drawing from the Routine Activities Theory, we see three primary responses when recurring victimization occurs: 

Protecting victims by blocking future opportunities against these specific persons

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or places. Shifting responsibility for repeat victimization.

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Increasing actual or perceived risks of apprehension for offenders- primarily for repeat offenders.

Special Concerns According to the Department of Justice and the Community-Oriented Policing Services, "once an agency undertakes analysis of repeat victimization and determines the prevalence and time course of repeats by offense type, the crime pattern can be used as a tool for developing responses to reduce re-victimization." By focusing on victims, there are several areas of concern that police need to consider: 1.Blaming the victim- victims may be vulnerable because they are unable, or have failed to secure their property, or have placed themselves in high-risk settings. The behaviors of individuals- such as using poor judgement while under the influence of drugs or alcohol- may contribute to victimization. In most cases, police should provide information to the victim about the increased risk of victimization but must be careful about implying blame. 2.Increasing fearfulness- for offenses such as burglary that are unlikely to be solved, the primary role of police is often to comfort victims. Warning victims about the likelihood of being re-victimized may make victims more fearful. 3.Violating privacy of victims- although victimization increases the risk of revictimization to the original victim, it also increases the risks to persons and properties that are either nearby or virtually identical to the initial victim. While police may be concerned about violating the privacy of an initial victim by warning others, this information may prevent other vulnerable persons or places from being victimized. 4.Displacing crime- it is often believed that thwarting one offense will result in a motivated offender simply picking another target. Unless there are virtual victims, the likelihood of displacement is low. For example, preventing repeat

domestic violence is unlikely to result in the displacement of violence to another victim. If there are virtual victims available- such as similar nearby houses to be burglarized or similar unsecured parking lots for vehicle theft- police should consider these as candidates for similar crime prevention strategies. 5.Unintended consequences- focusing on repeat victimization to reduce offending may have unintended consequences. In a study in NYC, researchers found that follow-up visits and educational services to victims of domestic violence resulted in increased calls for police service, and mandatory arrest for some domestic violence offenders increases re-victimization.

80-20 Rule According to this principle, some people are repeatedly victimized and, in conformity with the 80-20 rule, a small proportion of victims account for a large proportion of all victimizations. Do you remember in Module 2 where we discussed the crime clock? The 80-20 rule is something that the crime clock does not take into account. What many people take away from the crime clock data is that they are likely to be victimized with regularity. According to the 80-20 principle, this is not exactly accurate. Extent of Recurring Victimization

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Chapter Five Victims’ Rights & Remedies Victims’ rights: rights given to victims to enhance their privacy, protection, and restitution. First such law that guaranteed victims rights and protections was passed in Wisconsin in 1979. Now every state has at least some form of victims rights legislation. Common Victims’ Rights given by state Less than half of US states give all victims rights. In all states the rights to compensation, notification of rights, notification of court appearances, and ability to submit victim impact statements before sentencing are granted to at least some victim classes. Other common given rights to victims in the majority of states are the right to restitution, to be treated with dignity and respect, to attend court and sentencing hearings, and to consult with court personnel before plea bargains are offered or defendants released from custody. Other rights are the right to protection and the right to participate in the criminal justice system. These protections may include having the prosecutor intervene with the employer

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on behalf of the victim or prohibiting employers from penalizing or firing a victim for taking time form work to participate The right to notification allows victims to stay apprised of events in their cases. Victims have the right to be notified when their offender is arrested and released from custody after arrest, such as on bail. Victims may have the right to be notified about the time and place of court proceedings and any changes made to originally scheduled proceedings. Notification may also be given if the offender has a parole hearing and when the offender is released from custody at the end of a criminal sanction. Notification responsibilities may be placed on law enforcement, the prosecutor and the correctional system. To make notification more systematic and reliable, some jurisdictions use automated notification systems to update victims (through letters or phone calls) about changes in their cases. These systems also set up so that a victim can call to receive updates. Some states also moved to allowing e-mail updates for notification purposes. Maryland passed such legislation in 2014, victims of federal crimes can register to participate in the national automated victim notification system. Participation and Consultation: rights given to victims to encourage participation in the criminal justice system; also provide victims the right to discuss their cases with the prosecutor and/or judge before key decisions are made  One way victims are encouraged to participate is by submitting or presenting a victim impact statement.  Another way victims may participate is by consulting with judges and/or prosecutors before any plea bargains are offered or bail is set. Consultation may also occur before an offender is paroled or sentenced.  Right to Protection: safety measures provided to victims.  Victims may be fearful of the offender and the offender’s friends and family.  Participation in the criminal justice system may in fact endanger victims.  Ex: victims may be able to get no-contact or protective orders that prohibit the defendant from having any contact with the victim. victims may also be provided with secure waiting facilities in court buildings. Victims privacy is also protected ever-increasingly in states; some disclose only minimal victim information in criminal justice records-such as law enforcement and court records.  Right to a speedy trial: Victims’ interest are considered when judges rule on postponement of trail dates.  Only half of all states provide victims with rights  Right given to victims ensures that the judge considers the victims interests when ruling on motions for continuance. In other words, in states that give victims this right, decisions about postponing a trail cannot be made without consideration of the victim. Some states also explicitly provide for accelerated dispositions in cases with disabled, elderly, or minor children victims. Rights related to evidence  Crime victims have the right to have any of their property that has been taken as evidence returned to them.

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In some states, victims are protected from having to pay for evidence collected such as a rape kit. They also so not have to pay for testing of these kits.  Other states have passed legislation related to notification of the status of their kits and whether a match has been identified.  California’s Sexual Assault Victims’ DNA Bill of Rights (2003) provides victims of sexual assault the right to be informed of the status of their kit and whether a match has been identified. Texas grants victims the right to receive a notice when evidence is compared to DNA profiles stored in databases. Issues with victims’ rights  Others argue that victims rights do not have a place in our Constitution. Concerns also have been expressed that providing victims with rights will create a burden on our already overburden criminal justice system. Chapter 7 

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Sexual victimization: any type of victimization involving unwanted sexual behavior perpetrated against an individual.  Behaviors can range from forced penetration to surreptitiously videotaping ab individual undressing.  Sexual victimization can take a toll on victims, with effects ranging from physical injury to psychological trauma to risk of additional sexual victimization. Rape: originally defined in common law as unlawful carnal knowledge (vaginal penetration) of a woman by a man who is not the perpetrators wife by force against her will, more contemporary definitions of rape have been developed.  Rape can now ne perpetrated by and against both females and males, and it includes other types of pf penetration such as oral, digital, and anal. Most states laws no longer exclude husbands.  rape occurs when there is nonconsensual contact between the penis and the vulva or anus, or when there is penetration of the vulva or anus.  Rape also occurs when there is contact between the mouth and penis, vulva, or anus or penetration of another person’s genital or anal opening with a finger, hand, or object.  In order to be considered rape, force or threat of force must be used.  Contact or penetration must occur without the consent of the victim or when the victim is unable to give consent such as when asleep or under the influence of drugs or alcohol.  There are different types of rape including forcible rape, drug or alcohol facilitated rape, incapacitated rape, & statutory rape-all of which involve unique circumstances.  Forcible rape: the offender uses or threatens to use force to achieve penetration.  Drug or alcohol facilitated rape: when a person is raped while under the influence of drugs or alcohol after being deliberated given alcohol, a drug, or other intoxicant without his or her knowledge or consent

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Incapacitated rape: victim cannot consent because of self-induced consumption of alcohol, a drug, or other intoxicant  . incapacitated rape also occurs when a person is unable to consent due to being unconscious or asleep.  Statutory rape: a person is under the proscribed age of consent engages in sex.  Because the person is legally unable to consent to have sex, such as activity is illegal. The minimum age that most states set is from 14 to 18 years old.  Some states also consider the difference in age between the offender & the victim in determining whether it is stator rape.  Some str statutory rape laws are graded; offenders have to be a certain number of years older than the victims to activate the laws.  Ex: Alabama, statutory rape occurs if the offender is at least 16 years old, the victim is less than 16 but more than 12, and the offender is at least 2 years older than the victim.  Statutory rape laws that allow offenders who are close in age such as two students enrolled in high school to be convicted of sex offenses have recently come under fire in some states as not targeting sexual predators. For example, the case of Genarlow Wilson . Georgia has since revamped its laws so that a case like Wilsons will not be handled in the same way. New laws are referred as “Romeo and Juliet” laws. Sexual Victimization Other than rape  Sexual coercion, unwanted sexual contact, and noncontact sexual abuse. Each of these has unique elements, bull all has been shown to cause negative outcomes for victims.  Sexual Coercion: involves intercourse or penetration with the offend...