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VICTIMIZATION

VICTIMIZATION-ABUSE-WITNESSES-VICTIM SURVEYS

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Victims in the criminal justice system: A study into the treatment of victims and its effects on their attitudes and behaviour

Edited by J.A. Wemmers.

In the last fifteen to twenty years, criminal justice policy-makers and government in the Netherlands have begun to realize that victims of crime are often seriously affected by their experience and that reactions by criminal justice authorities are not always supportive. This realization was in part stimulated by the women's movement which drew attention to violence against women and the position of these victims in the criminal justice system. Other developments which have contributed to the increased attention for victims of crime include the rise in the registered crime rate which was at its peak during the seventies and early eighties. Also in the early seventies, the victim survey was introduced. It revealed that the registered crime statistics are incomplete and that only a fraction of crimes are brought to the attention of authorities. At the same time, police were finding it increasingly difficult to solve the crimes which were brought to their attention and the clearance rate began to drop. Authorities realized that they can only do their work if victims are prepared to report crime to them and that their willingness to report crimes is in part dependent on the quality of the relationship between citizens and the justice system.

The Hague: WODC, Ministry of Justice ; Amsterdam : Kugler Publications. 1996. 252p.

Fair and Appropriate? Compensation of Victims of Sexual Violence in EU Member States: Part II

By N Elbers; A Akkermans; H Soleto Muñoz; Fiodorova; A Grané; J Maria Tamarit; L Arantegui; P Patrizi; GL Lepri; E Lodi; D Chirico; I Lāce; L Vaivode; J Dilba; A Brekasi; N Zoidou Saripapa; N Spetsidis.

The second eBook of the FAIRCOM Project, available as download on this page, presents the results of an investigative study on State Compensation and Offender Compensation in the current five partner countries: Greece, Italy, Latvia, the Netherlands and Spain. It identifies good practices and offers recommendations.

The last 20 years, victims of crime have received increased attention in the criminal trial process. Various EU legislation, in specific the Victims’ Rights Directive 2012/29/EU,1 has established important victims’ rights, such as the right to receive information, respectful treatment, legal support, victim support and compensation. Most EU member states have implemented the legislation and the position of victims has clearly been strengthened. Now that victims of crime are in the spotlight, it is a good opportunity to also focus on specific vulnerable groups of victims in criminal law: victims of sexual crimes. Victims of sexual crimes require special attention for several reasons. Firstly, the scale in which sexual violence occurs is significant: according to a report of the European Agency for Fundamental Rights (FRA), it is estimated that 3.7 million women in the EU are subjected to sexual violence every year. 2 In total 11% of women have experienced some form of sexual violence since they were 15 years old. 5% of women have been raped since the age of 15. 3 The FRA did not include sexual violence to men. What is known about men is that 10% of victims of violent sexual crimes are men, the majority (90%) of the victims are women. 4 Of the perpetrators, 99% are men, 1% are women. 5 Secondly, victims of sexual crimes need support in their search for justice. Only 14% of victims of sexual violence report their offense to the police.6 Sexual crimes are often associated with shame and stigma and often mentioned in relation to secondary victimisation. About 25% of victims of sexual crimes do not dare to report the crime because of shame and 12% does not report because they think they will not be believed. Victims of physical violence also do not report because of shame or not being believed but the percentages are much lower, respectively 8% and 2%.7 Of the victims of sexual crimes who report to the police, about 46% are not satisfied with the treatment received by the police.

Amsterdam: Free University of Amsterdam, 2020. 94p.

Justice for child victims and witnesses of crimes

Edited by The Centre for Child Law.

Child victims and witnesses of crime are amongst the most vulnerable people in the justice system. The United Nations issued guidelines for their protection in 2005. This publication sets out the guidelines in the South African context. Does South African law reflect these guidelines? What are the challenges to be faced in order to bring South African law and practice in line with these international standards? Answers to these questions are provided in this up-to-date analysis of the current state of the law. This publication is a useful guide for students of law, as well as for practitioners who work with children in the courts. Launched during the internationally recognised “16 days of activism to end violence against women and children”, the publication is designed to be of assistance in the everyday working life of presiding officers, prosecutors, defence lawyers, social workers, intermediaries and other professionals.

Pretoria: Pretoria University Law Press (PULP), 2008. 59p.

Child sexual abuse in the digital era : Rethinking legal frameworks and transnational law enforcement collaboration

By S.K. Witting.

With access to and usage of it increasing dramatically over the past 20 years, the Internet has become an emerging realm for human interaction. With children constituting one-third of Internet users worldwide, this realm offers endless opportunities to learn, connect, and interact. At the same time, the Internet facilitates child sexual abuse on a large scale – through the production, dissemination, and accessing of child sexual abuse material.This study aims to critically analyse emerging aspects of the international and national regulation, investigation and prosecution of online child sexual abuse material from a child-rights and rule-of-law-based approach. It investigates emerging aspects of substantive and procedural law which have been little explored in the past, zooming in on complex constitutional aspects by applying a comparative legal analysis approach with a strong focus on the Global South as well as interdisciplinary legal research.In order to solve these complex legal issues, the answer lies in the identification and subsequent navigation of a variety of dichotomies that govern the discourse on online child sexual abuse material. The international and national regulation, investigation and prosecution of emerging aspects of online child sexual abuse material hence require constant identification, reflection and calibration of competing discourses, with a view to developing a cyber-specific yet victim-sensitive response that upholds the rule of law and takes a child-centred approach.

Leiden: Leiden University, 2020. 158p.

Crime victims and the police: Crime victims’ evaluations of police behaviour, legitimacy, and cooperation: a multi-method study

By N. N. Koster.

Crime is a major problem in society as, for instance, indicated by the most recent report of the Security Monitor.1 According to this monitor, almost 2.5 million citizens in the Netherlands were victimized in 2016 by either a property crime (11.5%) or a violent crime (2.3%). Yet, the Security Monitor does not register how many of these victims were first-time victims or repeat victims. Dutch studies into the prevalence of repeat victimizations, although rather out-dated, suggest that repeat burglary victimization is a serious issue to tackle in the Netherlands (e.g. Arends, 1997; Eijken & Van Overbeeke, 1998; Hakkert & Oppenhuis, 1996; Kleemans, 2001; López, 2001; Tseloni, Wittebrood, Farrell & Pease, 2004; Wittebrood, 2006). For example, Hakkert and Oppenhuis (1996) reported that 21% of the burglary victims have to deal with another burglary within a year and that these repeat burglary crime victims account for 44% of all (attempted) burglaries (see also Kleemans, 2001; Tseloni et al., 2004). In addition, repeat violent crime victimization may also be an important issue. Hakkert and Oppenhuis (1996), for example, reported that about 43% of victims of violent crime face another violent crime victimization within a year – accounting for 77% of all violent crimes (see also Police Monitor Population, 1999). These figures should be seen as a low estimate, because many victims do not report their victimization.

Leiden: University of Leiden, 2018. 205p.

Third Parties: Victims and the Criminal Justice System

By Leslie Sebba.

Over the past two decades considerable interest has developed in the subject of the victims of crime. This interest reached a peak in 1982 with the establishment and report of the President's Task Force on Victims of Crime (1982), which made numerous recommendations for legislative, executive, and other institutional action on both the federal and state levels, including an amendment to the United States Constitution. However, the momentum continued. Subsequent developments have included the establishment of an Office for Victims of Crime in the Office of Justice Programs, a flurry of legislative activity across the nation, and the declaration of National Crime Victims' Rights weeks with the participation of the U.S. president. The interests of victims have been taken up not only by special organizations established for the purpose, such as the National Organization of Victims' Assistance (NOVA), the Victims' Assistance Legal Organization in Virginia, and the National Victim Center (founded in honor of Sunny von Bulow), as well as more narrowly focused groups such as MADD (Mothers against Drunk Driving), but also by such mainstream professional bodies as the American Bar Association (ABA), the National Association of Attorneys General, the National Conference of the Judiciary, the American Psychological Association, and the National Institute for Mental Health. Landmark legislation at the federal level includes the Victim and Witness Protection Act of 1982, the Victims of Crime Act of 1984, and the Victims' Rights and Restitution Act and other related provisions of the Crime Control Act of 1990. (See also the Attorney-General's Guidelines for Victim and Witness Assistance, issued in pursuance of the 1982 and the 1990 acts.) A review of victim-oriented legislation both at the federal and at the state levels, conducted by the Bureau of Justice Statistics.

Columbus, OH: Ohio State University Press, 1996. 446p.