Module 1

Victim, Victimization, Victimology;

Concept, Nature & Related Issues
Victimology -

Victimology is the scientific study of victimization, which include the relationship between
victim and the accuse.

Victimology has from its inception adopted an interdisciplinary approach to its subject
matter. The purpose of the study of victimology is:

 To enhance our understanding regarding victims and impact of crime on them.

 To analyse the magnitude of the victim’s problem
 To explain causes of victimization, and
 To develop a system of measures to reduce victimization.

Victimology may be defined as the scientific study of victimization, including the

relationships between victims and offenders, the interactions between the victims and the
criminal justice system; that is, the police and courts, and correctional officials. It also
includes connections between victims and other social groups and institutions, such as the
media, businesses and social movements.

In a narrow sense, victimology is empirical, factual study of victims of crime and as such
is closely related to criminology and thus maybe regarded as a part of the general problem
of crime.

In broader sense, victimology is the entire body of knowledge regarding victims,

victimization and the efforts of society to perverse the rights of the victim. Hence, it is
composed of knowledge drawn from such fields as criminology, law, medicine, psychology,
social work, politics, education and public administration.

The term ‘victim’ in general parlance refers to all those who experience injury, loss or
hardship due to any cause and one of such causes maybe crime. Therefore, victimology may
be defined as a study of people who experience injury or hardship due to any cause. It
involves study of victim characteristics and maybe called ‘victim profiling’.

Some Definitions:

According to Schultz (1970) “Victimology is the study of degree of and type of participation
of the victim in the genesis or development of the offences and an evaluation of what is just
and proper for the victim’s welfare.”

According to Drapkin and Viano (1974) “Victimology is the branch of criminology which
primarily studies the victims of crime and everything that is connected with such a victim.”

Victimology has thus emerged as a branch of criminology dealing exclusively dealing

exclusively with the victims of crime who need to be treated with compassion and rendered
compensation and assistance under the criminal justice system.

Nature of Victimology :

Is victimology a part of criminology?

There is a constant strife on this topic. According to Kirchhoff, “there is a criminology

that calls itself victimology when analyzing problems from a victim’s perspective.” But
victimology is not criminological victimology. Historically, however, victimology bloomed in
criminology but victimologists started asking different questions and they developed
different strata of interests and explanations. Though victimology has close connection to
the concept of crime, the focus of victimology is the victim and not the whole social
structure and role of crime and criminal law in it. Hence, victimology is now evolved into an
independent subject matter of study.

Is victimology blaming the victim?

 One aspect of victimology is blaming the victim for his own plight. However, most
victimologists reject theories of “victim blaming”. They simply explore the process of
victimization with the goal of understanding it and preventing it.

Scope of Victimology

Victimology is study of crime from victim’s point of view:

Victimology is study of crime from victim’s point of view. After the Second World War
the plight of victims was seriously considered by many criminologists in Europe. B.
Mendelsohn developed this branch of criminology as there was growing concern for the
plight of victims of all crime. The First International Conference on Victimology under the
auspices United Nations was held in Jerusalem in the year 1973 followed by another
conference in Boston in 1976. There are many seminars and studies on victimology at the
regional, national and international level highlighting the problems of victims, legal position
of victims in criminal proceedings, compensation for victims.

Victimology analysis the victim-offender relations and the interactions between victims
and the criminal justice system:

The process of being a victim involves two dimensions, individual and societal. It is
therefore incumbent upon victimology to develop theoretical models that cut across levels
of analysis and which incorporate the dynamics of normal social intercourse as a basis of
understanding how victims cope and in addressing victim needs. There are three interfacing
roles:

 Victim
 Persecutor
 Rescuer

The victim requires a ‘persecutor’ the one who victimizes and the process is complete
when there is a ‘rescuer’, one who saves the persecutor.

Victim of abuse of power:

 Term ‘victim of abuse of power’ is such a broad and ambiguous concept that sometimes
it is argued that this concept includes, for example, abuse of power between States or
between races, and even economic exploitation of employees and consumers by large
enterprises. An important object of the criminal justice system is to ensure justice to the
victims, yet he/she is not given any substantial right, not even to participate in the criminal
proceedings. To achieve this goal, training and education in victimology by trained
professionals of criminal justice will help.

Victimology is study of restitution and compensation of the damages caused to the victim
by the perpetrator of crime:

Modern state is a welfare state in which the welfare of its citizens is of paramount
importance. With new developments in the field of victimology, the victims of crime have
assumed a significant role. Now, efforts are made to provide restitution to the victims.
Compensation is given with the object of making good the loss sustained by the victims or
the legal representatives of the deceased.

Victimology is the study of Victimological clinic:

If we look at clinical victimological work, the treatment of victims, we have not only to
look at hospitals; we have to look at whole array of victim assistance organizations who are
actively working to alleviate the burden of victimization. Thus, it is important to understand:

 Victim’s crime-related mental health problems

 What aspects of the criminal justice system process are stressful to victims?
 What can be done to help victims with their crime-related health problems and
stress regarding the criminal justice system?

Victimization -

Victimization is the outcome of an action taken by a person that is meant to cause harm
that is physical, sexual, psychological, or moral, or results in such harm, being done to
another person or people. Victimization is technically caused by criminal actions, such as
assault, or abuse. There are many types of victimization. Victimization can affect a person or
property.

The victimization definition refers to the outcome of an intentional action taken by a person
to cause harm, exploit, or destroy another person's property. The victimization meaning
comes from the Latin word ''victima,'' which means sacrificial animal. Essentially,
victimization is the act of making another person the victim. A victim is a person who is
harmed, injured, or killed as a result of a crime. A person can be victimized as the direct
result of a crime or as a consequence of a crime.

The types of victimization may include, but are not limited to:

 Theft
 Trespassing
 Child abuse
 Domestic violence
 Physical assault
 Rape
 Murder

Victim -

“Victims” means persons who, individually or collectively, have suffered harm, including
physical or mental injury, emotional suffering, economic loss or substantial impairment of
their fundamental rights, through acts or omissions that are in violation of criminal laws
operative within Member States, including those laws proscribing criminal abuse of power.

Victims of crime may be any gender, age, race, or ethnicity. Victimization may happen to an
individual, family, group, or community; and a crime itself may be to a person or property.
The impact of crime on an individual victim, their loved ones, and their community depends
on a variety of factors, but often crime victimization has significant emotional,
psychological, physical, financial, and social consequences. The following people can
exercise a victim’s rights if the victim is dead or not able to act on his or her own behalf:
  A victim’s spouse
 A common law partner who has lived with the victim for at least one year prior to
the victim’s death
 A relative or dependant of the victim
 Anyone who has custody of the victim or of the victim’s dependant

A person who has been charged, convicted, or found not criminally responsible due to a
mental disorder for the offence that resulted in the victimization is not defined as a victim.
For example, if a parent has been charged with abuse of a child, that parent will not be
allowed to exercise the child victim’s rights or their own rights as a parent.

Although a victim of crime is not a party in criminal proceedings, they play a vital role in the
criminal justice process. Their testimony is a very important part of the prosecutor’s case
against the accused.

Classification of Victim:

(i) Primary Victim –

Relates to the direct impact crime has on a victim, incorporating physical, financial, social
and psychological consequences. Any person, group or entity who has suffered injury, harm
or loss due to illegal activity of someone is called a primary victim. The harm may be
physical, psychological or financial.

(ii) Secondary Victim –

Relates to someone who has been indirectly affected by crime, or to a primary victim who
has been re-victimised as a result of their treatment within the criminal justice system.
There may also be secondary victim who suffer injury or harm as a result of injury or harm
to the primary victim.

(iii) Tertiary Victim –

Tertiary victim are those who experience harm or injury due to the criminal act of the
offender. He is another person besides the immediate victim, who is victimized as a result of
the perpetrator’s action. Tertiary victims are individuals who might have never met the
individual who has been harmed but are changed by the crime they suffered. Communities,
for example, can be tertiary victims.

Example, in case of rape, the woman raped is the primary victim, while a child, if born
out of such rape, is the secondary victim because he/she suffers from lack of paternity. But
the general shame and disgrace which the entire family of the raped victim has to suffer at
the hands of the society and the system makes them tertiary victims. However, it cannot be
assumed that secondary and tertiary victims are less traumatized than the primary victims.

(iv) Re-Victim –

Re-victim cause harm again and again in an unfair way. They are often found in college and
homes and related to childhood abuse, domestic violence, sexual abuse, assault, ragging
etc.

(v) Self Victim –

Self victim himself commits such act which result in his own victimization. This is also known
as victim card or victim playing.

Self victimization is the fabrication of victimhood for various reasons, such as to justify real
perceived abuse of others to manipulate the others or seeking attention etc.

Impact of Victimization:

The impact of crime on victim may be physical, financial or psychological.

1) Physical Impact:

The victim is likely to experience a number of physical reactions to crime to which he has
fallen a victim. The victim may also suffer from mental trauma. Another significant impact
on the victim is physical injury which may be apparent and immediate or may be realized by
the victim at a later stage.
 2) Financial Impact:

The financial impact of crime on the victim may be in any one or more of the following
forms:

1. Costs and expenses incurred in medical treatment for physical injuries

2. Damages to property or articles in possession
3. Litigation cost incurred in fighting against the crime and criminal, i.e. the perpetrator
4. Financial suffering due to loss of earnings
5. Funeral or burial expenses, if any.

3) Psychological Impact:

Where the victim is confronted with the crime perpetrator immediate reaction will be
anger or fear depending on his strength and capacity to face the misfortune. Shock and
mental trauma follow immediately after the crime has been committed, for example, the
Post-traumatic stress disorder (PTSD). The psychological impact of victimization is clearly
reflected in the behavioural responses of the crime victim, which may include increased
alcoholism, excessive use of drugs, avoidance of social relationships and social withdrawal,
etc. This is very much true in case of rape victims when people blame her for having walked
alone or dressed provocatively. There may, however, be some victims who are able to shed
aside their distress and shock and return to normal life.

Affirmative Action for victims by the Higher Judiciary

 Restitution to Victims– Despite the absence of any special legislation to render

justice to victims in India, the Supreme Court has taken a proactive role and resorted
to affirmative action to protect the rights of victims of crime and abuse of power.
The court has adopted the concept of restorative justice and awarded compensation
or restitution or enhanced the amount of compensation to victims, beginning from
the 1980s.

 Justice for Rape Victims – Guidelines for Victim Assistance in Bodhisattwa Gautam
v. Subhra Chakraborty, the Supreme Court held that if the court trying an offence of
 rape has jurisdiction to award compensation at the final stage, the Court also has the
right to award interim compensation. The court, having satisfied the prima facie
culpability of the accused, ordered him to pay a sum of Rs.1000 every month to the
victim as interim compensation along with arrears of compensation from the date of
the complaint. It is a landmark case in which the Supreme Court issued a set of
guidelines to help indigenous rape victims who cannot afford legal, medical and
psychological services, in accordance with the Principles of UN Declaration of Justice
for Victims of Crime and Abuse of Power, 1985:

1. The complainants of sexual assault cases should be provided with a victim’s

Advocate who has to explain to the victim the proceedings, and to assist her in the
police station and in Court and to guide her as to how to avail of psychological
counselling or medical assistance from other agencies;
2. Legal assistance at the police station while she is being questioned;
3. The police should be under a duty to inform the victim of her right to representation
before any questions are asked of her and the police report should state that the
victim was so informed;
4. A list of Advocates willing to act in these cases should be kept at the police station
for victims who need a lawyer;
5. The Advocate shall be appointed by the Court, in order to ensure that victims are
questioned without undue delay;
6. In all rape trials, anonymity of the victims must be maintained;
7. It is necessary, having regard to the Directive Principles contained under Article 38(1)
of the Constitution of India, to set up a Criminal Injuries Compensation Board. Rape
victims frequently incur substantial financial loss. Some, for example, are too
traumatized to continue in employment;
8. Compensation for victims shall be awarded by the Court on conviction of the
offender and by the Criminal Injuries Compensation Board whether or not a
conviction has taken place. The Board will take into account pain, suffering and
shock as well as loss of earnings due to pregnancy and the expenses of childbirth if
this occurred as a result of the rape.
  State Compensation for Victims of Abuse of Power– As early as 1983, the Supreme
Court recognized the need for state compensation in cases of abuse of power by the
State machinery. In the landmark case of Rudul Shah v. State of Bihar, the Supreme
Court ordered the Government of Bihar to pay to Rudul Shah a further sum of
Rs.30,000 as compensation, which according to the court was of a “palliative
nature”, in addition to a sum of Rs.5,000, in a case of illegal incarceration of the
victim for long years. Similarly in Saheli, a Women’s Resources Centre through Mrs.
Nalini Bhanot v. Commissioner of Police, Delhi Police, the Court awarded a sum of
Rs.75, 000 as state compensation to the victim’s mother, holding that the victim died
due to beating by the police.

 Victims right to challenge bail– In Puran v. Rambilas and P. Rathinam v. State, the
Apex Court interpreted Section 439 (2) Cr.P.C. in a way that the victim has a say in
the grant of bail to an accused. The Court recognized the right of the complainant or
any ‘aggrieved party’ to move the High Court or the Court of Sessions for
cancellation of a bail granted to the accused.

Recommendations of Commissions and Committees on Justice to Victims in India

During the last decade, there has been significant change in the thinking of the judiciary
about the human rights of victims. The concern of the courts and the judicial commissions
and committees about the need to have a law on victim compensation or a comprehensive
law on victim justice has been reflected in their judgments and reports.

 The Law Commission of India, 1996

The Law Commission, in its report in 1996, stated that, the State should accept the
principle of providing assistance to victims out of its own funds,

1. in cases of acquittals; or
2. where the offender is not traceable, but the victim is identified; and
3. also in cases when the offence is proved

 The Justice Malimath Committee on Reforms of Criminal Justice System

 The Justice V. S. Malimath Committee has made many recommendations of far-reaching
significance to improve the position of victims of crime, including the victim’s right to
participate in cases and to adequate compensation. Some of the significant
recommendations include:

1. The victim, and if he is dead, his legal representatives shall have the right to be
impleaded as a party in every criminal proceeding where the charge is punishable
with 7 years imprisonment or more.
2. The victim has a right to be represented by an advocate of his choice, provided that
if the victim is not in a position to afford a lawyer, the State would provide him with
so.
3. The victim’s right to participation in a criminal trial shall, inter alia, include:
4. To produce evidence, oral or documentary, with leave of the court and/or to seek
directions for production of such evidence
5. To ask questions to the witnesses or to suggest to the court questions which may be
put to the witnesses
6. To know the status of investigation and to move the court to issue directions for
further investigation on certain matters or to a supervisory officer to ensure
effective and proper investigation to assist in search of truth
7. To be heard in respect of the grant or cancellation of bail
8. To be heard whenever prosecution seeks to withdraw
9. To advance arguments after the prosecutor has submitted arguments
10. To participate in negotiations leading to settlement of compoundable offences
11. The victim shall have a right to prefer an appeal against any adverse order passed by
the court acquitting the accused, convicting him for a lesser offence, imposing
inadequate sentence or granting inadequate compensation
12. Victim compensation is a State obligation in all serious crimes, whether the offender
is apprehended or not, convicted or acquitted. This should be organized in a
separate legislation by the Parliament.
13. The victim compensation law will provide for the creation of a Victim Compensation
Fund to be administered possibly by the Legal Services Authority.
Amendments to the Code of Criminal Procedure in 2008:

The Code of Criminal Procedure was amended to bring in various victim-friendly

provisions, such as:

1) Definition of Victim

The definition of Victim was added in Section 2 (wa), which states that, “Victim means a
person who has suffered any loss or injury caused by reason of the act or omission for which
the accused person has been charged and the expression ‘victim’ includes his or her
guardian or legal heir.”

2) Victim’s right to engage his advocate

Section 24 (8) gives the victim the right to engage his advocate, “provided that the Court
may permit the victim to engage an advocate of his choice to assist the prosecution.”

3) Recording of statement of rape victim under Section 157

In Section 157, a proviso has been inserted after sub-section (1), “Provided further that
in relation to an offence of rape, the recording of statement of victim shall be conducted at
the residence of the victim or in the place of her choice and as far as practicable by a
woman police officer in the presence of her parents or guardians or near relatives or social
worker of the locality.” Section 309 (1) after amendment states that the inquiry and trial
should be completed within 2 months.

Section 327, has been amended to the following effect, “Provided further that in camera
trial shall be conducted as far as practicable by a woman judge or magistrate.” Also that
publication of trial proceedings relating to rape cases shall be prohibited, however, the ban
on printing or publication can be lifted, subject to maintaining confidentiality of name and
address of the party.

4) Investigation within three months in case of Child Rape

 Section 173 (1A) provides that, “The investigation in relation to rape of a child may be
completed within three months from the date on which the information was recorded by
the officer in charge of the police station.”

5) Compensation to victims

Section 357 (1) and Section 357 (3) Cr.P.C. vest power in the trial court to award
compensation to victims of crime whereas similar power is vested in the Appellate and
Revisional Court under sub-section (4). The Court may appropriate whole or any portion of
the fine recorded from the offender to be paid as compensation to the victim of crime.

This compensation may be for costs, damage or injury suffered or loss caused due to
death or monetary loss incurred due to theft or destruction of property, etc.

Sub-section (3) empowers the court, in its discretion, to order the accused to pay
compensation to victim of his crime, even though no fine has been imposed on him.

Section 357-A has been inserted after the 2008 Amendment, it provides that:

“Section 357-A Victim Compensation Scheme–

(1) Every State government in co-ordination with the Central Government, shall prepare a
scheme for providing funds for the purpose of compensation to the victim or his
dependants who have suffered loss or injury as a result of the crime and who require
rehabilitation.

(2) Whenever recommendation is made by the Court for compensation, the District Legal
Services Authority or the State Legal Services Authority, as the case may be, shall decide the
quantum of compensation to be awarded.

(3) If the trial court, at the conclusion of trial is satisfied, that the compensation awarded
under Section 357 is not adequate for such rehabilitation, or where the cases end in
acquittal or discharge and the victim has to be rehabilitated, it may make recommendation
for compensation.
(4) Where the offender is not traced or identified, but the victim is identified, and where no
trial takes place, the victims or his dependants may make an application to the State or the
District Legal Services Authority for the award of compensation.

(5) On receipt of such recommendation or on the receipt of application under sub-section

(4), the State or the District Legal Services Authority shall, after due enquiry, award
adequate compensation after completing the enquiry within 2 months.

(6) The said authority, to alleviate the suffering of the victim, may order for immediate first
aid facility or medical benefits to be made available free of cost on the certificate of police
officer not below the rank of officer in charge of the police station or a magistrate of the
area concerned, or any other interim relief as the authority may deem fit.”

The scheme contained in the section is indeed a progressive measure to ameliorate the
woes of crime victims and providing them restorative justice.

The Code also provides compensatory relief to victims of unlawful arrest or detention by
police without sufficient cause.

Where an accused is convicted of a non-cognizable offence on a complaint, the court

may order him to pay costs to the complainant or in default, suffer simple imprisonment for
a period not exceeding thirty days.

6) Victim’s right to appeal

Proviso to Section 372 gives right of a private appeal to a victim, thus providing the
victim with a locus standi, however, the right to appeal against inadequacy of punishment is
available only on two grounds:

 If accused has been convicted for a lesser offence, example, he was convicted for
robbery instead of dacoity
 If inadequate compensation is given.
 The victim, however, cannot appeal on quantum of punishment.
The Criminal Law (Amendment) Act, 2013

The Criminal Law (Amendment) Act, 2013 is a result of the Justice Verma
Committee Report which dealt in the rape laws and their amendment. This Committee was
constituted in the aftermath of the brutal Delhi Gang rape case of 16th December 2012.

The Committee recommended that the gradation of sexual offences should be retained
in the Indian Penal Code, 1860 (IPC). The Committee was of the view that rape and sexual
assault are not merely crimes of passion but an expression of power. Rape should be
retained as a separate offence and it should not be limited to penetration of the vagina,
mouth or anus. Any non-consensual penetration of a sexual nature should be included in
the definition of rape.

The IPC differentiates between rape within marriage and outside marriage. Under the
IPC sexual intercourse without consent is prohibited. However, an exception to the offence
of rape exists in relation to un-consented sexual intercourse by a husband upon a wife. The
Committee recommended that the exception to marital rape should be removed. Marriage
should not be considered as an irrevocable consent to sexual acts. Therefore, with regard to
an inquiry about whether the complainant consented to the sexual activity, the relationship
between the victim and the accused should not be relevant. However, non-consensual
sexual act within marriage is still not made punishable, even though the amount of
punishment has been increased.

The Indian Penal Code (IPC) was amended to provide death penalty in rape cases that
cause death of the victim or leave her in a vegetative state. The Act also introduced several
other new offences such as causing grievous injury through acid attacks, sexual harassment,
use of criminal force on a woman with intent to disrobe, voyeurism and stalking.

In the case of State (Govt. of NCT of Delhi) v. Ram Singh (deceased), Mukesh, Akshay
Kumar Singh, Vinay Sharma and Pawan Kumar, Shri Yogesh Khanna, Additional Sessions
Judge, New Delhi, awarded death penalty to the accused person as the facts showed a
brutality of such a nature that it fell into the category of rarest of rare cases, the entire
intestine of the prosecutrix was perforated, splayed and cut open due to repeated
insertions of rods and hands. The convicts, in the most barbaric manner, pulled out her
internal organs with their bare hands as well as by the rods and caused her irreparable
injuries, thus exhibiting extreme mental perversion not worthy of human condonation. They
brutally gang raped the prosecutrix, inflicted inhuman torture and threw the defenceless
victims out of the moving bus in naked condition, profusely bleeding in a cold winter night.

The Court further held that, “These are the times when gruesome crimes against women
have become rampant and courts cannot turn a blind eye to the need to send a strong
deterrent message to the perpetrators of such crimes. The increasing trend of crimes
against women can be arrested only once the society realize that there will be no tolerance
from any form of deviance against women and more so in extreme cases of brutality such as
the present one and hence the criminal justice system must instil confidence in the minds of
people especially the women. The crime of such a nature against a helpless woman, per se,
requires exemplary punishment.”

Another amendment is the addition of Section 326 A regarding the acid attacks, the
proviso clearly states that the fine which is imposed on the convict shall be such that it is
just and reasonable to meet the medical expenses of the treatment of the victim of acid-
attack. Such fine shall be imposed directly to the victim.

In the Code of Criminal Procedure Section 357 B and Section 357 C have been added.

Section 357B Cr.P.C. provides that, “The compensation provided under Section 357 A shall
be in addition to the payment of fine to the victim under Section 326A or Section 376D of
the Indian Penal Code.”

Section 357C Cr.P.C. provides that all hospitals, whether public or private, run by Central
Government or State Government, local bodies or any other person, shall immediately
provide the first-aid or medical treatment, free of cost, to the victim of any offence under
Section 326 A, Section 376, Section 376 A to E of the Indian Penal Code, and shall
immediately inform the police of such incident.
Other enactments regarding benefits to victims

 The Protection of Women from Domestic Violence Act, 2005

This Act is a major achievement of the women’s movement towards protection of

domestic violence victims after a struggle of 16 years. This Act aims to provide for more
effective protection of the rights of women guaranteed under the Constitution. The
definition of domestic violence is wide enough to include physical, sexual, verbal and
emotional abuse. The unique feature of the Act is that it prohibits denying the victim
“continued access to resources or facilities which the aggrieved person (victim) is entitled to
use or enjoy by virtue of the domestic relationship, including access to the shared
household”. A police officer, protection officer or a magistrate who has received a complaint
of domestic violence has a mandatory duty to inform the victim of her right to obtain a
protection order or an order of monetary relief and other rights.

 The Maintenance and Welfare of Parents and Senior Citizens Act, 2007

This is also an innovative law aiming to protect elders and prevent elder abuse and
victimization, which is a growing problem in many countries, including India. Under this law,
an obligation is created of the children or adult legal heirs to maintain their parents, or
senior citizens above the age of 60 years who are unable to maintain themselves out of their
own earnings, to enable them to lead a normal life. If children or legal heirs neglect or
refuse to maintain the senior citizen, the Tribunal can pass an order asking the children or
legal heirs to make a monthly allowance for their maintenance.

 Protection of Children from Sexual Offences Act, 2012

This Act has been enacted with a view to prevent of child abuse and victimization. It
makes any kind of sexual gratification from a child punishable with strict punishments.

 Prevention of Caste-Based Victimization and Protection for Victims

The Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 is an
act to prevent atrocities against the members of the Scheduled Castes and Scheduled
Tribes. Under this Act, compensation to victims is mandatory, besides several other reliefs
depending on the type of atrocity. The victims are entitled to receive monetary
compensation ranging from Rs. 25,000 to 200,000 depending on the gravity of the offence.

 Motor Vehicles Act, 1988

The victims of vehicular accidents or their legal representatives are entitled to

compensation from the offender under Section 5 of the Act.

Victimological theories
1. Victim Precipitation Theory
"According to victim precipitation theory, some people may actually initiate the
confrontation that eventually leads to their injury or death."

The victim precipitation theory states that some victims initiate the confrontation that leads
to their victimization, whether actively or passively. Various research studies have found
that people who have an impulsive personality, rendering them as abrasive or obnoxious to
others, may have a higher victimization rate. The reason is that impulsive people are
antagonistic, making them more likely to be targeted. Also, they tend to be risky and will get
involved in dangerous situations without being cautious. Passive precipitation means that
the victim unconsciously behaves in a way or has specific characteristics that instigate or
encourage an attack. Passive precipitation is typically the result of a power struggle; job
promotions, successes, love interests, etc., can all give rise to a power struggle and cause
passive precipitation. People who are likely to encourage a crime passively include
minorities, political activists, members of LGBTQ+, and other individuals who lead an
alternative lifestyle. These groups are often targeted because of the unintentional threat
they pose to authority.

Active precipitation, on the other hand, occurs when the victim engages in threatening or
provocative actions. Active precipitation is controversial because many argue whether or
not it is ever okay to “blame” the victim for the occurrence of a crime. This is true, especially
in rape cases where flirtation may have been present. However, there was no consent to
sexual intercourse. For this reason, we must be cautious when discussing active
participation since it does not apply to every case.

2. Lifestyle Theory

"Some criminologists believe people may become crime victims because their lifestyle
increases their exposure to criminal offenders."

The lifestyle theory maintains that criminals target individuals due to their lifestyle choices.
Many victims’ options expose them to criminal offenders and situations where crime is likely
to occur. This theory also cites research that shows a correlation between the lifestyles of
victims and offenders. Both tend to be impulsive and lack self-control, making the victim
more likely to put themselves in high-risk situations and the offender more likely to engage
in an unlawful act.

 Walking alone at night

 Being promiscuous
 Drinking in excess
 Doing drugs
 Associating with felons
 Living in the “bad” part of town

Examples:

"Single women who drink frequently and have a prior history of being sexually
assaulted are most likely to be assaulted on [college] campus."

"People who belong to groups that have an extremely risky life—homeless, runaways,
drug users—are at high risk for victimization; the more time they are exposed to
street life, the greater their risk of becoming crime victims."
3. Deviant Place Theory

"The more often victims visit dangerous places, the more likely they will be exposed
to crime and violence. Victims do not encourage crime, but are victim prone because
they reside in socially disorganized high-crime areas where they have the greatest
risk of coming into contact with criminal offenders, irrespective of their own behavior
or lifestyle."

The deviant place theory is the more often when a victim visits a dangerous place, the
more likely they will be exposed to crime, which raises their chance of being
victimized. The theory states that the victim does not play a role in encouraging the
crime but is still prone to being a victim because they live in a socially disorganized
high-crime location. Even though they may not engage in risky behaviors or lead a
dangerous lifestyle, residents of areas with high crime rates have the most significant
risk of coming into contact with offenders.

Minorities tend to be victimized at higher rates because of social and economic

inequality. Minorities are more likely to reside in low-income neighbourhoods with
high crime rates and cannot move from areas with significant criminal activity
compared to their Caucasian neighbours. This theory of victimology also proposes
that safety measures taken in dangerous areas may be of little to no use since it’s the
areas demographic that increases victimization rather than the victim’s lifestyle
choices. If an individual lives in a deviant area, the only way to lower their chance of
being a victim of a crime is to leave the deviant and dangerous neighbourhood for one
that is less deviant and has a lower crime rate.

4. Routine Activities Theory

The routine activities theory states there must be three factors present for a crime to
occur. These factors reflect the regular activities incorporated in a typical American’s
lifestyle, and they increase an individual’s risk of victimization when they converge.
"...the volume and distribution of predatory crime (violent crimes against a person
and crimes in which an offender attempts to steal an object directly) are closely
 related to the interaction of three variables that reflect the routine activities of the
typical American lifestyle:"

1. "The availability of suitable targets, such as homes containing easily saleable goods."
2. "The absence of capable guardians, such as police, homeowners, neighbours,
friends, and relatives." "Even the most desperate criminal might hesitate to attack a
well-defended target." "[A]n undefended yet attractive target (not referring to
sexual) becomes an irresistible objective for motivated criminals."
3. The presence of motivated offenders who have criminal intent and the ability to act
on their plan. For example, a substantial amount of jobless teenagers. If there is a
lack of motivated criminals in an area, the crime rate is likely to be lower than the
rate in an area with significantly more motivated offenders.
4. If all of these variables are present, a crime can occur, and the risk of victimization
will increase. However, if one or more of the variables are absent, then a crime is
unlikely to happen. For example, many affluent neighbourhoods have low crime
rates even though there’s an availability of suitable targets. The low crime rates can
be attributed to high guardianship such as security systems or a neighbourhood
watch program and lack of motivated offenders to carry out criminal acts.

Vulnerability - Victimless Crimes

A victimless crime is an illegal act that involves consenting adults and lacks a
complaining participant. Such acts have been defined as illegal, but there is no victim that
claims to have been harmed; either no harm has occurred, or if harm has occurred to those
involved, it is negated because its willing participants have given informed consent to the
activity.

Victimless crimes are also sometimes referred to as public order offenses. Although
there has been some disagreement over which crimes are victimless, five of the most
commonly identified victimless crimes are gambling, drug use, pornography, prostitution,
and homosexuality. Additionally, abortion is sometimes referred to as a victimless crime,
although this classification has been highly controversial. Adultery and fornication might formerly
be referred to as victimless crimes, but in most states these acts are no longer crimes.
 The impact of victimless offenses on other crimes and on community economy has
not been well researched. One empirical study was conducted concerning gambling, which
has been made legal in many communities as a result of casinos. Analysis found few
consistent findings. Crime rates increased significantly in some casino communities,
remained relatively stable in others, and decreased in some communities. It was concluded
that crime does not inevitably increase when legalized gambling is available, but that the
effects of casinos on crime appear to be related to a variety of variables that are not yet well
understood. In order to examine the effects of legalization of gambling, as well as other
victimless crimes, more empirical studies are clearly needed.