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VICTIMOLOGY AND UNDERSTANDING VICTIM’S RIGHTS

Victimology is the scientific study of people or groups who have faced crime, violence, or harm. It looks at different factors about victims, such as their traits, weaknesses, responses to

INTRODUCTION

Victimology is the scientific study of people or groups who have faced crime, violence, or harm. It looks at different factors about victims, such as their traits, weaknesses, responses to being victimized, and how they engage with the criminal justice system. Coined by French lawyer Benjamin Mendelsohn in 1947, victimology is the study of a crime of view of the sufferer. It should be studied as a separate field of inquiry, independent in itself. According to Merriam-Webster, “A person who has been attacked, injured, robbed, or killed by someone else.”[1] Certain keywords will help us understand this definition better[2]

Understanding Victim Experiences: Victimology is concerned with understanding what victims experience before, during, and after a crime. This knowledge brings out the trauma and difficulties they face.

Impact of Crime on Victims: Victimologists examine the physical, emotional, psychological, and financial effects of victimization. They study both the short-term and long-term effects of crime on victims’ health and quality of life.

Criminal Justice System and Victims: It further probes how victims are affected by the criminal justice process, such as their contact with the police and the court and support services received.

Preventing Victimization: Victimology also deals with ways of victimization prevention as well as a reduction in victimization risks. This can involve improving public safety, increasing victim issues awareness and dealing with some contributory factors toward vulnerability.

A more recent field is that of victimology within the legal domain. An important mission of victimology lies in the realm of improving our understanding of victim impacts of crime. This investigation will explore why responsibilities and obligations on the parts of both victims and offenders need consideration.

HISTORY OF VICTIMOLOGY

Victimology is the scientific study of crime victims and falls under the field of criminology. It examines the relationship between victims and offenders, particularly those at a higher risk of victimization, and their position in the criminal justice system. In the 1880s when criminology was first emerging, the study of victimology primarily focused on looking at crimes from the victims’ perspective.

Victimology as an academic discipline evolved in the early 1940s and 1950s. Two pioneer criminologists, Mendelsohn and Von Henting, were found in their development of ‘typologies’ of victims, who are dubbed the ‘fathers of victimology.’ These pioneers assessed the behaviours and vulnerabilities of victims. He identified six victim types, namely – Completely innocent victims, Victims with minor guilt, Voluntary victims, Victims guiltier than the offender, Victims who are as guilty as the offender and Imaginary victims.[3]

VICTIM TYPOLOGIES

As mentioned earlier in the study, Benjamin Mendelsohn identified 6 types of victim typologies or types of victims, we shall now discuss them briefly below[4]

  • Completely Innocent Victim: Someone who did not contribute to the victimization and is in the wrong place at the wrong time.
  • Victims with Minor Guilt: Do not actively participate in their victimization but contribute to some minor degree, such as frequenting high-crime areas.
  • Voluntary Victims: The victim and offender may have engaged in criminal activity together.
  • Victims are guiltier than the offender: There are cases where the victim might have become the aggressor, but the perpetrator still succeeds in overpowering the victim in the fight.
  • Victims who are as guilty as the offender: The victim instigated a conflict but was killed in self-defence.
  • Imaginary Victims: Some people pretend to be victims and are not. This can be a result of someone falsifying reports.

CHALLENGES IN UPHOLDING VICTIM’S RIGHTS

Several barriers hinder the complete exercise of victims’ rights. A critical mass of them hinders problems for the justice system, disrupting legal processes. Many victims are uninformed of their rights because public education and outreach efforts have been insufficient. Cultural stigmas and misinformation can also stop victims from attaining help or justice due to incorrect perceptions of facts. Another barrier is the failure to apply and enforce existing laws. Victims are not to blame, but failures in law enforcement result in further victimization. Many judicial systems are overburdened and underfunded, which creates delays that place emotional stress on victims and make it difficult for them to gain justice. Moreover, the lack of accessible counselling, legal aid, and rehabilitation services leaves victims open to further victimization. Many individuals cannot afford medical care, legal fees, or lost wages. Political influence may also lead to unfair judgment and, in extreme cases, denial of justice. In addition, poor communication between the police, healthcare providers, NGOs, and the judicial system slows down the process of getting justice and assistance for victims. If cases are handled insensitively by law enforcement or judicial officials, the trauma dealt to the victim worsens. A case in point is the Priyadarsini Mattoo case.

Priyadarshini Mattoo Case: This is a very prominent case which highlighted as an example of victimology. Priyadarshini was a 25-year-old law student pursuing law from the University of Delhi. She had registered multiple complaints of threats and stalking against Santosh Kumar Singh, his fellow senior mate on the same campus. He came from a high place i.e. he was the son of the Inspector General of Police. She was constantly becoming a part of harassment at the campus of law. After several FIRs were lodged against him, he was summoned to the Maurice Nagar Police Station, where he was arrested under section 74 of BNS, 2023[5], but later released on a personal bond. Priyadarshini also complained to the Dean of the Faculty of Law, but the accused refrained from these allegations. She also reiterated the harassment of the accused for almost 2 years.

In contrast, it often presented false confessions and pleaded its innocence, which deepened the problems of the liabilities side of the balance sheet. There are still many other disturbing ingredients that are there too. The greatest is the constant victimization continued by Santosh Kumar Singh in his illegal dealings, which are brought to public notice. Information has been repeated to the police several times. Considering his father’s powerful position, he acted boldly in killing the victim, and his behaviour afterwards shows no signs of remorse.[6]

CONCLUSION

Victimology, though can be rooted as an extension of criminology, it acts as a very essential field to understand the perspective of the victims too. This study shall fill the gaps where the judicial system lags in the comprehension of a crime and further prevent the victimization of innocent people. Further, the cases mentioned above highlight how the failures in the system can deny justice to the ones deserving and deprived of it. To wind up, I would state that victimology commits not only to an understanding of the control that takes place in victims’ lives but also to struggle for their rights and dignity against a system that favours the offender.

Author(s) Name: Vishwa Pratap Singh (Delhi Metropolitan Education)

References:

[1] Shreya Patil, ‘Victimology’ (Legal Service India) <https://www.legalserviceindia.com/legal/article-9082-victimology.html> accessed 25 January 2025

[2] ‘Meaning and Definition of Victimology’ (Law Aimers, 26 July 2023) <https://lawaimers.com/meaning-and-definition-of-victimology/> accessed 25 January 2025

[3] Rizwan Ahmad, ‘Victimology: History, Concepts, and the Modern Legal Framework’ (Legal Service India) <https://www.legalserviceindia.com/legal/article-19052-victimology-history-concepts-and-the-modern-legal-framework.html> accessed 25 January 2025

[4] B Mendelsohn, ‘VICTIMOLOGY AND CONTEMPORARY SOCIETY’S TRENDS’ (1976) 1(1) Victimology <https://www.ojp.gov/ncjrs/virtual-library/abstracts/victimology-and-contemporary-societys-trends> accessed 25 January 2025

[5] Bhartiya Nyaya Sanhita 2023, s 74

[6] Lavish Sharma, ‘All you need to know about the Priyadarshini Mattoo case’ (iPleaders, 04 December 2020) <https://blog.ipleaders.in/need-know-priyadarshini-mattoo-case/> accessed 26 January 2025

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