Pinoy Crim
JurisprudenceLaw EnforcementCriminalisticsCrime DetectionSociology of CrimesCorrectional Admin
Practice Exams

Module 9.8: Victimology & Victim Rights

I. The Field of Victimology

Definition: Victimology is the scientific study of the psychological and physical effects of crime on victims, the process of victimization, and the role of victims within the criminal justice system.

Key Questions in Victimology:

  • Who are the victims of crime? (Demographics)
  • Why are certain people or groups more likely to be victimized than others?
  • What is the relationship, if any, between the victim and the offender?
  • What role, if any, did the victim play in their own victimization?
  • What are the financial, physical, and psychological costs of victimization?
  • How does the criminal justice system treat victims?

III. Theories of Victimization

These theories attempt to explain why some individuals are more likely than others to become victims of crime. They focus on the circumstances and behaviors that increase a person's risk.

A. Lifestyle Theory

  • Core Idea: This theory proposes that certain lifestyles and behavioral choices can increase a person's exposure to criminal offenders and situations where crime is likely to occur.
  • High-Risk Lifestyles:
    • Spending a lot of time in public places, especially at night.
    • Associating with known criminals.
    • Engaging in risky behaviors like drug use or heavy drinking.
  • Principle of Homogamy: This principle states that people are more likely to be victimized by someone who is similar to them in terms of demographics and lifestyle. For example, young men are most often victimized by other young men.

B. Routine Activities Theory (RAT)

  • Core Idea: This theory, closely related to the "crime triangle," argues that victimization is a result of the convergence in time and space of three elements:
    1. A Motivated Offender.
    2. A Suitable Target: A person or property that is attractive and vulnerable.
    3. The Absence of a Capable Guardian: No one or nothing to prevent the crime.
  • How it Explains Victimization: A person's "routine activities"—their daily patterns of work, school, and leisure—can affect their risk of victimization by increasing the likelihood that they will be in a place where these three elements converge.
  • Example: A student who studies at the library until midnight (routine activity) and then walks home alone through a poorly lit, deserted area (absence of a guardian) becomes a more suitable target for a motivated offender who is looking for someone to rob.

V. The Victims' Rights Movement

Beginning in the 1970s, a social movement arose to demand that the justice system pay more attention to the needs and rights of victims. This has led to the passage of numerous laws to protect and assist crime victims.

Basic Rights of a Crime Victim

While specific rights vary, most jurisdictions now recognize that victims have:

  1. The Right to Protection: To be reasonably protected from the accused throughout the criminal justice process.
  2. The Right to Information: To be informed about the status of the case, including the arrest of a suspect, court dates, and the release of the offender from custody.
  3. The Right to be Present: To be present at all public court proceedings related to the offense.
  4. The Right to be Heard (Victim Impact Statement): The right to provide a statement to the court, either in writing or orally, about the physical, emotional, and financial impact the crime has had on them. This statement is considered by the judge during sentencing.
  5. The Right to Restitution: The right to receive financial compensation from the offender for the economic losses caused by the crime.

In the Philippines, RA 9262 (The Anti-Violence Against Women and Their Children Act) and RA 8505 (The Rape Victim Assistance and Protection Act) are examples of laws that contain specific provisions to protect the rights and welfare of victims.

Introduction

For much of the history of criminology and criminal justice, the primary focus was on the offender and the crime. The victim was often overlooked, treated merely as a source of evidence or a witness. Victimology is the subfield of criminology that seeks to change this. It is the scientific study of crime victims, including the nature and extent of victimization, the relationship between victims and offenders, and the victim's role in the criminal justice process. This module will explore the key concepts of victimology, theories of victimization, and the growing movement to recognize and protect the rights of victims.

Key Learning Objectives:

  • Define Victimology and its scope.
  • Explain key concepts like victim precipitation and victim blaming.
  • Describe the major theories of victimization (Lifestyle Theory, Routine Activities Theory).
  • Understand the impact of crime on victims, including the concept of PTSD.
  • Identify the basic rights of crime victims in the justice system.

II. Key Concepts in Victimology

A. Victim Precipitation Theory

  • Core Idea: This controversial theory suggests that in some cases, the victim may, either actively or passively, initiate the confrontation that leads to their own victimization.
  • Active Precipitation: Occurs when the victim is the first to act aggressively or to provoke the offender.
  • Passive Precipitation: Occurs when a victim unknowingly possesses a characteristic that encourages or triggers an attack (e.g., belonging to a group that is a target of hate crimes).
  • Controversy: This theory is highly controversial, especially in cases of rape and domestic violence, because it can easily lead to victim blaming.

B. Victim Blaming

  • Definition: The act of holding the victim of a crime entirely or partially responsible for the harm that befell them.
  • Examples: "She shouldn't have been walking alone so late at night." "He was asking for it by flashing his expensive watch."
  • Problem: Victim blaming shifts the responsibility from the offender to the victim, which is unjust and can cause further psychological harm to the victim by making them feel guilty for what happened. Modern victimology strongly rejects victim blaming.

IV. The Impact of Crime on Victims

Victimization can have profound and lasting consequences.

  • Financial Costs:
    • Stolen or damaged property.
    • Medical expenses.
    • Lost wages from time off work.
  • Physical Costs:
    • Injuries, from minor to permanently disabling.
    • Death.
  • Psychological and Emotional Costs: This is often the most damaging and long-lasting impact.
    • Post-Traumatic Stress Disorder (PTSD): An anxiety disorder that can develop after experiencing a terrifying event. Symptoms include flashbacks, nightmares, severe anxiety, and uncontrollable thoughts about the event.
    • Fear, Anxiety, and Depression.
    • A sense of violation and loss of trust.
    • Secondary Victimization: The additional harm that victims can suffer, not from the offender, but from the insensitive treatment they receive from the criminal justice system, the media, or their own friends and family.

Conclusion

Victimology has brought the forgotten party in a crime—the victim—to the forefront of criminological study. By analyzing the patterns and causes of victimization, we can develop more effective crime prevention strategies. By understanding the profound impact of crime, we can create better support services to help victims heal. And by championing victims' rights, we can ensure that the criminal justice system, in its pursuit of justice for the offender, does not inflict a second injury upon the one who has already suffered. The study of the victim is not about blaming them but about understanding the full scope of the crime problem and making the justice system more just for everyone involved.