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Journal articles on the topic 'Victimae'
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1
SOLARTE RODRÍGUEZ, ARTURO. "El principio favor victimae y su aplicación en el derecho colombiano." Anuario de Derecho Privado 01, no. 1 (February 20, 2019): 257–304. http://dx.doi.org/10.15425/2017.205.
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ROTHENBERG, DAVID J. "The Marian Symbolism of Spring, ca. 1200-ca. 1500: Two Case Studies." Journal of the American Musicological Society 59, no. 2 (2006): 319–98. http://dx.doi.org/10.1525/jams.2006.59.2.319.
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Abstract As the season of earthly rebirth, spring in the high and late Middle Ages provided both an ideal setting for secular love songs and a symbolic underpinning for the liturgical season of Eastertide. With the Virgin Mary acting as a spiritual point of mediation, Eastertide liturgy and secular springtime song resonated symbolically with one another, a resonance seen nowhere more clearly than in polyphonic compositions in which Eastertide chants, Marian prayers, and secular springtime songs sound simultaneously. This essay presents two case studies that explore the confluence of these diverse elements within polyphonic music. The first examines thirteenth-century compositions on the widespread tenor In seculum, positing its origins in the Mass for Easter Sunday —and by extension its associations with spring—as the reason that it was used so often and combined with such diverse textual and musical materials as pastourelles, dances, courtly love songs, and Marian prayers. The second study examines the use of multiple cantus firmi in Isaac's Laudes salvatori (from Choralis Constantinus) and Josquin's Victimae paschali laudes, both paraphrase settings of Easter sequences that comment upon their primary cantus firmus by simultaneously quoting additional melodies. Isaac uses the chants Regina caeli and Victimae paschali laudes to emphasize the central role that Mary plays in the miracle of the Resurrection, while Joquin accomplishes this same goal by employing the well-known chansons D'ung aultre amer and De tous biens plaine as vernacular symbols of Christ and the Virgin Mary, respectively. The two case studies, taken together, illustrate a consistent mode of symbolic thought that endured for over three centuries.
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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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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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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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Peraica, Ana. "Exploitation of Victims' Desire for Revenge: A Natural Psychological Mechanism and Its Unnatural Production in Culture and Politics." Leonardo 44, no. 1 (February 2011): 55–60. http://dx.doi.org/10.1162/leon_a_00094.
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This paper elaborates on key themes of the on-line project Victims' Symptom—PTSD and Culture. A clinical, psychiatric definition of victim, rather than a cultural one, is used to distinguish real from false victims. The danger of the media production of false victims lies in its power to re-victimize the original victims, aside from gains that a false victim may win by taking on the role or attitudes of a victim. Contrary to the common stress on financial benefits of being a victim, this article focuses on the negative economy of revenge, as a postponed reaction by real victims, that if institutionalized may provoke or support and even increase the production of new fatalities.
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Ryan, Salvador. "‘No Milkless Cow’: The Cross of Christ in Medieval Irish Literature." Studies in Church History 48 (2012): 83–106. http://dx.doi.org/10.1017/s042420840000125x.
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The cross of Christ in the Middle Ages was the most powerful symbol of God’s victory over sin, death and the forces of evil, while also representing the most abject suffering and degradation of Jesus Christ, the God-Man. A simplistic reading of the evolution of the theology of the cross during this period posits a transition from the early medieval victorious and heroic Christ figure, reigning and triumphant upon the cross, to a late medieval emaciated and tortured object of pity whose ignominious death was supposed to elicit heartfelt compassion for his plight and sincere sorrow for the sin which placed him on the beams of the tree of crucifixion. Of course, there is a great deal of value in this argument, and much evidence might be brought forward to support its central thesis. However, it should not be pushed too far; it might also be remembered that the essential paradox of Christ the victor-victim is a constant theme in Christian theology, expressed in the sixth-century Vexilla regis in its identification of the cross as ‘victim of the passion’s glory, by which life brought death to an end, and, by death, gave life again’ and in the hymn Victimae paschali laudes from the central medieval period: ‘Death with life contended, combat strangely ended, life’s own champion slain yet lives to reign’. The image of the victorious cross of Christ, conceived of as simultaneously an instrument of triumph and of torture, would persist right through the late medieval period, despite the development of a greater emphasis on the physical sufferings of Christ in his passion and their ever more graphic depictions. This essay, which examines the way in which the cross of Christ is presented in medieval Irish literature, provides sufficient examples to make this point clear; these are drawn from a variety of sources including religious verse, saints’ lives, medieval travel accounts and sermon material. Of course, these examples are best viewed within the context of a broader medieval European devotional culture from which Ireland was certainly not immune.
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van Dijk, Jan. "Galona’s review of victim labelling theory: A rejoinder." International Review of Victimology 25, no. 1 (November 1, 2018): 125–31. http://dx.doi.org/10.1177/0269758018805558.
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In this article the author responds to a review by Galona (2018) of the historical-theological parts of victim labelling theory as elaborated previously in this journal and elsewhere (van Dijk, 2009). According to Galona, the term ‘victima/victim’ as a special name for Jesus Christ was not coined by Reformation theologians like Calvin, as asserted by van Dijk, but was for example already widely used by Roman poets. It also appeared in pre-Reformation theological writings for centuries. In his rejoinder, the author explains that Roman poets indeed sometimes used the term ‘victima’ for human beings but did so in a purely metaphorical sense. He agrees with Galona that the use of this label in its figural sense denoting Christ’s deep and innocent suffering emerged in theological writings pre-dating the Reformation. However, the label only ‘went viral’ around the time of the Reformation and has, from that time onwards, been the universal colloquial term for ordinary people victimised by crime across the Western world. In the second part of the article, the author elaborates on the theoretical and practical implications of the Christian roots of the ‘victima’ label. For centuries, victims of crime were expected to undergo their suffering meekly, in imitation of Christ. Ongoing secularisation has emancipated crime victims from the restraining ‘victima’ label, allowing them to freely speak up for themselves. Recent victim-friendly reforms of criminal justice have been driven by the need to find a new, victim-centred legitimacy in an increasingly secularised world.
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Kovács, Krisztián. "Christ lag in Todesbanden. Egy korál útja a középkortól Luther Mártonon át Johann Sebastian Bachig." Studia Universitatis Babeș-Bolyai Theologia Reformata Transylvanica 66, no. 1 (June 30, 2021): 163–88. http://dx.doi.org/10.24193/subbtref.66.1.09.
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"Christ lag in Todesbanden (Christ Lay in the Bonds of Death). A Chorale’s Journey from the Middle Ages through Martin Luther to Johann Sebastian Bach. One of the focal points of Martin Luther’s work as a reformer can still be discovered in his compositions. He wrote several lyrics in which he formulated essential dogmatic insights. These include the Easter song Christ lag in Todesbanden [Christ Lay in the Bonds of Death] based on the mediaeval Gregorian chant Victimae paschali laudes and its later version Christ ist erstanden, in which not only the joy over Easter and the resurrection of Christ can be found, but it also gives a picture of the reformer’s theological insights into the death of death and sin. After nearly two hundred years, Johann Sebastian Bach processes all seven verses of Luther’s song in his cantata of the same title (BWV 4), shortly after the death of his first wife. The Lutheran hymn of the resurrection will thus become a personal creed, an ars poetica, but at the same time we can find an exciting musical representation of Luther’s theological view of death in Bach’s composition. Keywords: Martin Luther, Johann Sebastian Bach, Protestant choir, death, resurrection "
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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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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Jackson, Shelly L., and Thomas L. Hafemeister. "How Case Characteristics Differ across Four Types of Elder Maltreatment." Journal of Applied Gerontology 33, no. 8 (September 18, 2012): 982–97. http://dx.doi.org/10.1177/0733464812459370.
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Purpose: The purpose of this study was to determine whether case characteristics are differentially associated with four forms of elder maltreatment. Method: Triangulated interviews were conducted with 71 APS caseworkers, 55 victims of substantiated abuse whose cases they managed, and 35 third party persons. Results: Pure financial exploitation (PFE) was characterized by victim unawareness of financial exploitation and living alone. Physical abuse (PA) was characterized by victim’s desire to protect the abusive individual. Neglect was characterized by isolation and victim’s residing with the abusive individual. Hybrid financial exploitation (HFE) was characterized by mutual dependency. Implications: These differences indicate the need for tailoring interventions to increase victim safety. PFE requires victims to maintain financial security and independence. PA requires services to meet the needs of abusive individuals. Neglect requires greater monitoring when elderly persons reside with another person. HFE requires the provision of services to both members of the dyad.
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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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Ensslen, Katherine, Eric Beauregard, and Amelie Pedneault. "An Examination of the Home-Intruder Sex Offender." International Journal of Offender Therapy and Comparative Criminology 62, no. 14 (June 7, 2018): 4694–713. http://dx.doi.org/10.1177/0306624x18778450.
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One particular crime location in sexual assaults is the victim’s residence. Similar to sexual burglars, “home-intruder” sex offenders choose to assault the victim in her residence, most likely in their bedroom. The aim of the current study is to analyze modus operandi, temporal factors, and victim characteristics in a sample of 347 stranger sexual assaults committed by 69 serial sex offenders to determine which factors may be more relevant to sexual assaults committed in the victim’s residence compared with sexual assaults committed at another type of location. Our hypothesis is that offenders who choose to sexually assault victims in their home constitute a specific type of sex offender, one that resembles the sexual burglar. Results showed that modus operandi (e.g., burglary), temporal factors (e.g., time at crime scene with victim), and victim characteristics (e.g., age, victim-offender relationship) were significant in predicting whether the victim encounter, crime site, and victim release site were located at the victim’s residence or not. Moreover, these findings were generally significant across the three crime locations, which can be explained by the high consistency in location during home-intrusion sexual assaults. Situational crime prevention strategies aimed at making a residence less attractive for offenders should help reducing this particular type of sexual assault.
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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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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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Spencer, John R. "Improving the Position of the Victim in English Criminal Procedure." Israel Law Review 31, no. 1-3 (1997): 286–99. http://dx.doi.org/10.1017/s0021223700015314.
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In this paper I shall try to do two things: first, for those who do not have a detailed knowledge of criminal procedure in England, I shall give a bird's-eye view of what the victim's legal position is today. Secondly, I shall examine the difficulties, theoretical and practical, which make it hard to give the victim the deal which many of those who claim to speak for victims believe they ought to have.In the last twenty years the victim, for long the “forgotten man” in the criminal justice system, has been rediscovered. Politicians of all parties have learnt that victims, and those who identify with them, have votes, and therefore need to be placated. Up to now, however, this has mainly been done by words rather than deeds.An example is the document rather grandly entitled “The Victim's Charter”, which the Government issued in 1990 (with a revised version in 1996). Contrary to what the title “Charter” might lead one to suppose, this document confers no rights or privileges, but merely lists the ways in which the various parts of the machinery of criminal justice ‘ought’ to be sensitive to the position of the victim.
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FRIMAN, HÅKAN. "The International Criminal Court and Participation of Victims: A Third Party to the Proceedings?" Leiden Journal of International Law 22, no. 3 (September 2009): 485–500. http://dx.doi.org/10.1017/s0922156509990057.
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AbstractThe provisions of the ICC Statute allowing victims to participate in the criminal proceedings in their own right were a novel feature in international criminal proceedings. While representing a welcomed restorative element, victim participation has been a time and resource consuming issue for the ICC to handle. After a number of decisions concerning participation in the investigation and pre-trial phases of the process, the trial chamber in the Lubanga case and the Appeals Chamber have issued the first rulings with respect to victim participation at trial. This note addresses these decisions and controversial issues therein, such as the nexus between the victim and the crime charged and the victim's right to adduce and challenge evidence. One may now ask whether victims as ‘participants’ are in fact becoming ‘parties’ to the criminal proceedings.
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Franiuk, Renae, Austin Luca, and Shelby Robinson. "The Effects of Victim and Perpetrator Characteristics on Ratings of Guilt in a Sexual Assault Case." Violence Against Women 26, no. 6-7 (April 4, 2019): 614–35. http://dx.doi.org/10.1177/1077801219840439.
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Scholars have long investigated how perceptions of the victim affect judgments in a sexual assault case, but little research has investigated perceptions of the perpetrator. Participants ( N = 322) read a scenario about an alleged sexual assault that manipulated victim behavior (speed of reporting) and perpetrator characteristics (athlete status and celebrity status) and then made judgments about the victim and perpetrator. Results showed that victim behavior was the most important factor in judgments. Furthermore, significant three-way interactions suggested that participants may attend to perpetrator characteristics but only when the victim’s behavior is consistent with stereotypes about sexual assault victims.
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Gavin, Jeff, and Adrian J. Scott. "Attributions of victim responsibility in revenge pornography." Journal of Aggression, Conflict and Peace Research 11, no. 4 (October 3, 2019): 263–72. http://dx.doi.org/10.1108/jacpr-03-2019-0408.
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Purpose Revenge pornography is a growing risk among adolescents and young adults. Often stemming from sexting, some victims of revenge pornography report experiencing victim-blame similar to that accompanying the reporting of rape. The purpose of this paper is to explore the assumptions that underlie attributions of victim-blame, with a focus on perpetrator and victim responsibility, as well as gendered assumptions surrounding sexting. Design/methodology/approach A total of 222 UK university students (111 male, 111 females) read one of two versions of a hypothetical revenge pornography scenario, one involving a male victim of a female perpetrator, the other a female victim of a male perpetrator. They then responded to an open-ended question regarding responsibility. Findings Qualitative content analysis of these responses identified three inter-related themes: the victim’s behaviour, mitigating victim responsibility and minimising the behaviour. Social implications The majority of participants in this study attributed at least some responsibility to the victims of revenge pornography depicted in the scenarios. Sex of the victim played a less important role than assumptions around sexting. Originality/value The study suggests that victim-blame is linked to the consent implied by sharing intimate images with a partner, but is also mitigated by the normative nature of this relationship practice. There was some evidence that the experience of male victims of revenge pornography is trivialised. These findings have implications for e-safety and victim support.
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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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Naiden, F. S. "THE SWORD DID IT: A GREEK EXPLANATION FOR SUICIDE." Classical Quarterly 65, no. 1 (April 2, 2015): 85–95. http://dx.doi.org/10.1017/s0009838814000858.
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The people of classical Athens did not regard suicide as a crime committed by the victim. Instead, the Athenians regarded suicide as a crime committed by the instrument that the victim used, or by the victim's hand as opposed to the victim himself. This non-human agent was culpable, just like non-human agents were blamed for accidental deaths. Although suicide victims were innocent, inanimate agents were guilty. In Sophocles'Ajax, for example, the sword that the hero turned upon himself was blamed for his death. The Athenian response to suicide was more about objects than it was about people.
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Drewicz, Marcin. "RETORSJA POKRZYWDZONEGO PRZY PRZESTĘPSTWACH PRZECIWKO CZCI I NIETYKALNOŚCI CIELESNEJ A ZASADA ‘DE SUA MALITIA NEMO DEBET COMMODUM REPORTARE’." Zeszyty Prawnicze 15, no. 1 (December 5, 2016): 105. http://dx.doi.org/10.21697/zp.2015.15.1.05.
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The Victim’s Retaliatory Response to Offences Against His Honour And Physical Integrity and the Principle of ‘de sua malitia nemo debet commodum reportare’ SummaryThe aim of this paper is to discuss a victim’s retaliatory actionagainst the perpetrator of an offence against his honour and physicalintegrity as a circumstance admitting the waiving of penalisation. Thepossibility for the offender to evade penalisation simply because thevictim retaliated seems to contradict the principle that the offendershould draw no benefit from the offence (de sua malitia nemo debetcommodum reportare). The regulation adopted in the Polish CriminalCode (kodeks karny, k.k.) appears to favour the offender who receiveda retaliatory response from the victim, over and above the situation inwhich the victim took no measures to retaliate against the offender.The article also highlights the difference in the legal consequences ofthe waiving of penalties respectively for the perpetrator and the retaliating victim. This differentiation, which puts the retaliating victimin a worse position than the offender, also appears to be incompatiblewith the cited principle of criminalisation.
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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.
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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.
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Dawtry, Rael J., Mitchell J. Callan, Annelie J. Harvey, and James M. Olson. "Derogating Innocent Victims: The Effects of Relative Versus Absolute Character Judgments." Personality and Social Psychology Bulletin 44, no. 2 (October 3, 2017): 186–99. http://dx.doi.org/10.1177/0146167217733078.
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Drawing on just-world theory and research into the suppression and justification of prejudice, we propose that the use of relative compared with absolute measures of an innocent victim’s character enables observers to derogate the victim without transparently violating social norms or values proscribing derogation. In Study 1, we found that positive feelings expressed toward victims mirrored social norms proscribing negative reactions toward them. In Studies 2a, 2b, and 3, innocent victims were evaluated more negatively when ratings were made using relative (i.e., compared with evaluations of the average student or the self) versus absolute scales. In Study 4, this effect of scale type on derogation was stronger for people higher in the motivation to avoid prejudiced reactions to victims. Relative judgments seem to allow individuals to enact their counternormative motivation to derogate the victim under the cover of ambiguity and ostensibly rationally motivated social comparison processes.
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Rennison, Callie, and Mike Planty. "Nonlethal Intimate Partner Violence: Examining Race, Gender, and Income Patterns." Violence and Victims 18, no. 4 (August 2003): 433–43. http://dx.doi.org/10.1891/vivi.2003.18.4.433.
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The correlation between race of victim and intimate partner violence (IPV) is examined. Previous research showing a relationship between Black victims and higher levels of violence were based on uni-variate examinations and often do not consider other important factors. This paper presents national estimates of IPV by victim’s race using the National Crime Victimization Survey (NCVS), 1993–1999. The estimates based only on race are then disaggregated to account for the victim’s gender and household income. Uni-variate findings demonstrate that victim’s race is significantly related to rates of intimate partner violence. However, after controlling for both victim’s gender and annual household income, the victim’s race is no longer significant. The importance of understanding intimate partner violence through a person’s socioeconomic status rather than race is discussed.
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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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Vrij, Alder, and Hannah R. Firmin. "Beautiful Thus Innocent? The Impact of Defendants' and Victims' Physical Attractiveness and Participants' Rape Beliefs on Impression Formation in Alleged Rape Cases." International Review of Victimology 8, no. 3 (September 2001): 245–55. http://dx.doi.org/10.1177/026975800100800301.
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This experiment examined the possible beneficial effects of victims' and defendants' good-looks in an alleged rape case. It was hypothesized that people who especially endorsed ‘Rape Myths’ would be more favourable towards victims and defendants who are good-looking. Moreover, it was hypothesized that females would be more favourable towards the victim than males and that this gender difference would be mediated by differences in “Rape Myths Acceptance”. In the experiment, 80 observers were exposed to an extract of a victim's story about an alleged rape case. The physical attractiveness of both the victim and the defendant were systematically varied. Observers' Rape Myths Acceptance were measured with Burt's (1980) Rape Myths Acceptance scale. The results support the hypotheses; it is therefore suggested that the acceptance of these myths should be investigated in selection procedures of people who are likely to be confronted with victims of sexual offenses, such as police officers and jury members in rape or sexual harassment cases.
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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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Goodman, Lisa, Lauren Bennett, and Mary A. Dutton. "Obstacles to Victims’ Cooperation With the Criminal Prosecution of Their Abusers: The Role of Social Support." Violence and Victims 14, no. 4 (January 1999): 427–44. http://dx.doi.org/10.1891/0886-6708.14.4.427.
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Over the last 20 years, diminishing tolerance for domestic violence has triggered significant criminal justice reforms designed to facilitate the prosecution of abusers. Prosecutors, for example, have adopted policies requiring that cases go forward even if the victim later has second thoughts. Although increasingly common, these “no drop” policies reflect a profound irony about domestic cases that is well known but little understood: the most formidable problem in prosecuting such cases is often the victim’s own unwillingness to bring the abuser to justice. This prospective study explored a range of factors potentially predictive of domestic violence victims’ cooperation with the prosecution of their abusers. Although the study focused on interpersonal and institutional social support, it also investigated the influence of violence severity, victim demographic factors, and victim mental health characteristics, including the presence of depressive symptoms, emotional dependence on the abuser, and substance abuse. Findings showed that tangible support, severity of violence in the relationship, and the presence of children in common with the abuser all significantly predicted victims’ cooperation with the prosecution of their abusers. Substance abuse significantly predicted victims’ noncooperation with prosecution. The research and policy implications of these findings are discussed.
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Cirillo, Stefano. "Il bambino abusato diventa adulto: riflessioni su alcune situazioni trattate." TERAPIA FAMILIARE, no. 91 (December 2009): 161–82. http://dx.doi.org/10.3280/tf2009-091010.
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- The author analyses some clinical cases in order to reflect upon the varying consequences of child sexual abuse on the development of abused males. Three distinct cases observed in clinical population are discussed. The typical victim's transformation into offender, the persistent tendency in victims to perpetuate the role of victim and the persistent tendency in the brothers' female victims to perpetuate the role of the spectator. The attachment system (provided both by the protective parent and by the abusing parent) plays a key role in the abused child's development related to the dimension of fear produced by the traumatic event.
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Norris, Jeanette, and Lisa A. Cubbins. "Dating, Drinking, and Rape: Effects of Victim's and Assailant's Alcohol Consumption on Judgments of Their Behavior and Traits." Psychology of Women Quarterly 16, no. 2 (June 1992): 179–91. http://dx.doi.org/10.1111/j.1471-6402.1992.tb00248.x.
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Effects of an acquaintance rape victim's and her assailant's alcohol consumption on judgments of their behavior and traits were examined in a 2 × 2 × 2 between-subjects factorial experiment. Sixty-eight women and 64 men, 21 or older, read one of four stories in which only the victim, only the assailant, both victim and assailant, or neither victim nor assailant consumed alcohol. One individual difference trait, rape attitudes, was also measured. The interaction of victim and assailant drinking diminished the view that a rape had occurred and that the victim responded negatively, whereas it enhanced judgments of the assailant's likability and sexuality. The portrayal of only the victim drinking resulted in a more negative view of the assailant's behavior and traits. Evaluations of the victim depended on the assailant's drinking behavior rather than on her own. Implications for treatment of rape victims and establishing assailant accountability are discussed.
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Ali, Mahrus, and Ari Wibowo. "KOMPENSASI DAN RESTITUSI YANG BERORIENTASI PADA KORBAN TINDAK PIDANA." Yuridika 33, no. 2 (May 1, 2018): 260. http://dx.doi.org/10.20473/ydk.v33i2.7414.
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The study proposes the compensation and restitution regulations which should be oriented to protect the victim of crime. Although most regulations have been adopted the right of the victims to receive the compensation and restitution, but this study finds that there are some weaknesses in such regulations. Hence, compensation regulation should be specifically focused on the fulfillment of the right of the victims of crime. It shall not depend on court decisions, but such compensation should be provided even though the victims ceased before the court proceeding has started, or even if he or she wrongly arrested by police. This compensation is only to cover material losses and traumatic stress recovery cost. It could be paid directly monthly/yearly and could be converted to other form of compensation. Restitution refers to the paradigm of restorative justice. In Indonesia, restitution should be based on final and binding court decision. If the perpetrator does not want to provide it for the victim, he/she has moral obligation to provide it for the victim oven without inkracht court decision, and this could be used by the judges to pardon the perpetrator. Restitution shall be enforced for all criminal offences which resulting direct and indirect losses for the victims. Restitution is not merely about monetary values but moral obligation of the perpetrator to recover the victim’s condition.
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Viano, Emilio. "Victim's Rights and the Constitution: Reflections on a Bicentennial." Crime & Delinquency 33, no. 4 (October 1987): 438–51. http://dx.doi.org/10.1177/0011128787033004002.
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This article examines the unfolding, activities, and successes of the victim's rights movement within the American constitutional framework of the Bill of Rights. It analyzes the general importance of “victims” as an effective political symbol and probes the connection between the victim movement and the powerful conservative forces that have dominated American life and the shaping of the criminal justice agenda during the 1980s. It focuses in particular on the cooptation of the victim's movement by the proponents of the “crime control” model of criminal justice. It contrasts the liberal and conservative approaches. solutions, and agendas and the clashes between the rights of the accused and those of the victim. It also looks for points of convergence and working agreement. Restitution is utilized as an example of an idea and plan that could bring disparate interests together. The article dedicates considerable space to a consideration of a possible constitutional foundation for victim's rights and concludes by pointing out the inherent dangers and destructive divisiveness that can be generated by an exclusive or excessive or excessive emphasis on “rights.”
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TOMITA, Mihaela, Adina SCHWARTZ, and Roxana UNGUREANU. "Effects of Involving Specialists in Human Trafficking Victim Support and Protection." Revista de Cercetare si Interventie Sociala 71 (December 1, 2020): 360–76. http://dx.doi.org/10.33788/rcis.71.22.
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As the level of criminality at European level in continuous growth, a recently introduced legislative package aiming to protect and promote victims’ rights has been introduced by the European Commission. The provisions of the “Victims Directive”, alongside of the First European Strategy to protect and promote victims’ rights are practically urging the member states to a full reversal of the victim’s position both within the civil society and within the justice system, as the victim goes from being the passive subject of a crime, to the active subject within the European support and protection mechanism. The present article reveals the results of a research conducted in the main source country for victims of human trafficking, Romania, with the aim of examining the extent to which the new provisions have been introduced into the national framework and into the national practice. By involving both practitioners and victims of crimes into the qualitative research, a series of systemic and procedural gaps have been identified and addressed and some positive, transferable practices could be revealed and promoted. Through the study interpreting data collected by means of structured interviews we came to the conclusion that most provisions of the new legislative framework have not been integrated into the generic victim support practice for reasons stemming from the obvious lack of funds to accommodate considerable societal institutional changes in a quick manner, to lack of personnel training and in some cases, attitudinal deficiencies of practitioners. On the other hand, a multidisciplinary, victim centred approach based on a public private partnership has proved to have positive results in the field of human trafficking victim support and crime prevention.
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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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