Victimology and Sexual Abuse

Introduction

This post analyses the process of Victimology in criminal law cases and takes rape as an extreme example to highlight legal and societal sway in delivering criminal justice. Victimology in essence underlines the consequences of being a victim of a particular criminal act. These consequences in rape at least are impregnated with irreversible damages to the social standing of the victim which makes Victimology a necessary study to evaluate the nature of damages that arise from such crimes (Weis & Borges, 1973). This field of study emerged sometime towards the middle of the twentieth century, right near the end of the second World War. Some criminologists, like Benjamin Mendelsohn, a French-Israeli advocate and academic, brought this under their field of study and hence worked on it to establish a better understanding of the origins of crimes and its implications on the victims/violators and the society and general which eventually helped create a wave of awareness for victim’s rights, which was later recognized by the United Nations’ act for victim’s rights, submitted by the honorable Secretary General, in 1984, which then gave birth to the United Nations' Charter for Human rights (Citizens for Peace and Justice). Victimology has since then emerged as a significant field of study under criminology as it helps us understand the victim’s relationship with the violator and their experience with the criminal justice system. In the legal profession, Victimology has repeatedly proven to be an important subject as it helps experts understand Sociology, Criminology and Psychology in depth (Pathlegal.in). Victimology is considered to be a subset of all these subjects. Although, in its simplest form, Victimology helps in studying victims of heinous crimes (in this case sexual assault/rape) and analyze patterns and trends that display how factors like gender, race and sexual orientation affect the perception of the victim and their stories by different constituents/entities like the public, media and our legal system.

How does Victimology help in criminal studies/justice?

Victimology has helped forensic psychology professionals understand and develop certain factors that can benefit the Criminal Justice system and help us understand and establish the rights of the victims. To name a few, Victimology has helped in understanding and improving these factors (Walden University):

1. Crime Prevention: Certain risk factors believably make an individual more susceptible to certain terrible crimes, and these factors most likely vary on the basis of different kinds of crimes (in case of rape, these factors are more significant). Victimology has proven to be effective in studying and analyzing these factors and thus provides data that can be used in further protection of victims or individuals that come under the radar of such crimes.
2. Corrections: The major role of correctional institutions in most countries is to help understand and correct the thought process of the violators. Victimology has helped Psychological professionals in prisons get a better idea of the impacts of rape on both the violator and victims and on their psyche which can be later used for giving effective feedback that further helps in reducing susceptibility of the potentially endangered.
3. Criminal Prosecution: Victims of rape are often witnesses or only witnesses of the crime. There are many cases where the victim cannot testify in court but is allowed to provide their testimony. Victimology has helped prosecutors/attorneys create a line of questioning based upon the violation of the victim’s rights and their experiences that help communicate their experiences that in turn might be beneficial in helping the judges and the jury (if present) to stand by the correct side of the law.

Constitutionality of Victimology in the Indian Criminal Justice System.

While there is no doubt about how effective Victimology has proved to be in recent times, one of its major drawbacks is that it is relatively new and it still requires at least some years of academic development for it to have a major impact on our criminal justice system. Yet, this field of study defied all odds by establishing itself in the Indian constitution and has also inspired some major constitutional amendments (Citizens for Justice and Peace). Very recently, the Hon’ble Supreme Court of India established victimology in the Constitution by giving a new path to Article 21, which explains the Fundamental Right of the ‘Protection of Life and Personal Liberty’ (The Constitution [One Hundredth Amendment] Act). This development has helped in adding the concept of compensation to the victim under Article 21 (Pandey, 2017). To further boost its credibility, the 5th law commission of India in their 42nd report emphasized on the concept of compensation to the victim. Such landmark achievements are testaments of the validity, use and accuracy of this academic field. Moreover, 142nd, 144th, 146th, 152nd, 154th, and 156th report of their respective commissions helped decide on the concept of compensation and hence, the Indian Government found it fit and necessary after such valuable inputs to amend the Indian Penal Code, specially the sections dealing with sexual offenses (For eg: rape, harassment, abuse, women’s rights in the workplace) in 2009.

How has the constitutional developments in the field of Victimology helped with cases of Rape?

Example 1: Thanks to the amendments made in 2009, the victim was now allowed to make grievances to the court in the form of appeals which was witnessed in the case of Bhikhabhai v State (Citizens for peace and Justice). The question in this case was whether a victim may submit an appeal against any acquittal decision issued in the accused's favor (Casemine.org).

Solution Offered: The Court decided that a victim might appeal any decision of acquittal issued by the Court under Section 372 of the Criminal Procedure Code, which states that "No appeal to lie, unless otherwise provided. No appeal shall lie from any judgment or order of a Criminal Court except as provided for by this Code or any other law for the time being in force" (Indiankanoon.org). However, it can only do so if the State has not filed such an appeal or if the court has rejected the State's request for leave to appeal. Furthermore, a victim can only file such an appeal at the time of the appeal's final hearing.

Example 2: In order to submit an appeal in court, the victim must follow the procedure outlined in Section 378 of the Code. In the case of Guru Prasad Yadav v. State of Bihar, this verdict was affirmed (Citizens for Justice and Peace). The question in this case was whether a victim might ask for a leave without following the procedure outlined in section 378 of the Cr.P.C., which states that "The State Government may, in any case, direct the Public Prosecutor to present an appeal to the High Court from an original or appellate order of an acquittal passed by any Court other than a High Court or an order of acquittal passed by the Court of Session in revision" (Devgan.in).

Solution Offered: The court then ruled that The procedure for presenting such an application is defined in section 378 of the Criminal Procedure Code. This procedure should be followed by the victim. If a victim refuses to fulfill this procedure, the court will not accept nor entertain the application.

Conclusion.

Even though Victimology has helped take actions that seemed necessary for the delivery of justice, the development of this academic field should be is still in course and should be encouraged. The impact of Victimology in Sexual Abuse cases has proven to be be unique and thus it is essential in ensuring the rights of both the victims and the violators (Pathlegal.in). For victims all around the world, action must be taken to advance research, services, and awareness. This will compel individuals who are dedicated to this study to provide improved services, greater research, new education and training, and ongoing advocacy of rights. It necessitates a process of evaluating progress and taking action to achieve the necessary changes.

In conclusion, to better prevent sexual offenses, and defend victims that fall prey to such predatory practices, it is essential to use and develop this science to analyze, map and study matters and patterns of vulnerability, risk and reforms.

References:

1. Weis K & Borges S, (1973). Victimology and Rape: The case of the legitimate victim. Social Justice, 8(2) https://www.jstor.org/stable/42909686
2. (2017). Victimology: A necessary advancement in the Human Rights jurisprudence. Citizens for Peace and Justice, https://cjp.org.in/victimology/
3. (2020). IMPORTANCE OF VICTIMOLOGY. Pathlegal.in, https://www.pathlegal.in/Importance-Of-Victimology-blog-2386992
4. (2021). What is Victimology and Why Is It Important in Forensic Psychology. Resource Articles, https://www.waldenu.edu/online-masters-programs/ms-in-forensic-psychology/resource/what-is-victimology-and-why-is-it-important-in-forensic-psychology
5. (2015). The Constitution (One Hundredth Amendment) Act, 2015. Professional Book Publications
6. Pandey A, (2017). Compensation of Victims of Crime in India, IPleaders, https://blog.ipleaders.in/compensation-victim-crime-india/
7. (2010). Bhikhabhai Chavda vs State, Casemine.in, https://www.casemine.com/judgement/in/56e66aac607dba6b53436913#
8. (2013). Section 372 in The Code Of Criminal Procedure, 1973, Indiankanoon.in, https://indiankanoon.org/doc/81939/
9. (2018). Cr.P.C Section 378; Code of Criminal Procedure, Devgan.in, https://devgan.in/crpc/section/378/