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VICTIMIZATION

VICTIMIZATION-ABUSE-WITNESSES-VICTIM SURVEYS

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Sexual States: Governance and the Struggle over the Antisodomy Law in India

By Jyoti Puri

In Sexual States Jyoti Puri uses the example of the efforts to decriminalize homosexuality in India to show how the regulation of sexuality is fundamentally tied to the creation and enduring existence of the state. Between 2001 and 2013 activists attempted to rewrite section 377 of the Indian Penal Code, which outlaws homosexual behavior. Having interviewed activists and NGO workers throughout five metropolitan centers, investigated crime statistics at the National Crime Records Bureau, visited various state institutions, and met with the police, Puri found that section 377 is but one element of the large and complex systems of laws, practices, policies, and discourses that regulate Indian sexuality. Intended to mitigate sexuality's threat to the social order, this regulation works to preserve the views of the state as inevitable, legitimate, and indispensable. By highlighting the various means through which the regulation of sexuality constitutes India's heterogeneous and fragmented.

Durham, NC: Duke University Press, 233p;.

Women Who Sexually Abuse Children

By Hannah Ford

Until recently, the topic of female sexual offenders remained under-researched, and many incorrect assumptions and beliefs still surround the subject. This book is organised in to five parts around eleven chapters. It provides a comprehensive overview of the latest research in this often overlooked area and discusses both adult female offenders and adolescents/younger children who commit sexual offences against children. After an in-depth evaluation of research literature, the author then considers a range of treatment approaches and directions for future research.

Chichester, UK: Wiley, 2004. 206p.

Victims And The Criminal Trial

By Tyrone Kirchengast

This book brings together the diverse and fragmented rights and powers of victims constitutive of the modern adversarial criminal trial as found across the common law jurisdictions of the world. One characteristic of victim rights as they emerge within and constitute aspects of the modern criminal trial is that they are dispersed within an existing criminal process that largely identifies the offender as the benefactor of due process rights, originating in the seventeenth-century adversarial criminal trial. This trial increasingly excluded the victim for the Crown and state, and the role of the victim was slowly eroded to that of witness for the prosecution as the adversarial trial matured into the latter part of the twentieth century. Increasing awareness of the removal of the victim and the need to secure the rights and interests of victims as stakeholders of justice resulted in the last decade of the twentieth century, bearing witness to the gradual relocation of the victim in common law and statute. This relocation has occurred, however, in a highly fragmented and disconnected way, usually following spontaneous and at times ill thought-out law reform initiatives that may or may not connect to the spirit of existing reforms, foundational structures of the criminal process, or international or domestic rights frameworks that have emerged in the meantime.

London: Palgrave Macmillan, 2016. 360p.

Hong Kong International Violence Against Women Survey

By Roderic Broadhurst, Brigitte Bouhours, and John Bacon-Shone

Between 2003 and 2009, the International Violence Against Women Survey (IVAWS) has been conducted in 12 developed and developing countries. The IVAWS is a comprehensive instrument that measures women’s experiences of physical and sexual violence by men, including intimate partners, victims’ help-seeking behaviour and the response of.... was conducted in Hong Kong and, for this reason, no trends in violence over time are available; however, because the IVAWS uses standardised questions and data collection methods, results can be compared with those of the other countries that participated in the survey. The report shows rates of victimisation for seven types of physical..... who the perpetrator was, particularly whether it was an intimate partner, a relative, a friend or acquaintance, or a stranger. Women who had recent incident, such as whether they had reported the assault to the police or victim support services. Drawing on socio-demographic and behavioual information on both respondents and their partners, the report examines the predictors of violent victimisation by partners and non-partners.

Hong Kong: University of Hong Kong; Canberra: Australian National University, 2012. 110p.

Safe Reporting of Crime for Victims and Witnesses with Irregular Migration Status in Italy

By Sara Bianca Taverriti

Irregular migrants face particular challenges in interacting with law enforcement authorities to report a crime, as they fear detection and deportation. This fear, together with their generally precarious situation, makes them particularly vulnerable to crime. This report aims to explain the existing legislation, policy and practices impacting on migrants’ ability to access the Criminal Justice System in Italy, as either victims or witnesses, without running the risk of self-incrimination or deportation. In particular, the report focuses on ‘firewall’ practices – that is, measures that encourage reporting of crime by migrants with irregular status by neutralising the risk and the fear of deportation and expulsion as a consequence of reporting crime. This report is intended to analyse the strengths and weaknesses of these measures, in order to assess their effectiveness in facilitating safe reporting of crime by irregular migrants. Finally, the report will consider the potential of policy reforms in the area of safe reporting, including by considering the potential for implementation in Italy of local measures known as ‘sanctuary policies’. This research contributes to a project on safe reporting of crime for victims and witnesses with irregular migration status in Europe and the United States undertaken by the Centre on Migration, Policy and Society (COMPAS) at the University of Oxford.1 As well as Italy, this project examines the United States, Spain, the Netherlands and Belgium. The ultimate aim of the project is to promote learning of best practices and knowledge-exchange on this topic between countries. It also aims to evaluate the legal and political replicability of ‘firewall’ policies across different countries, and in particular the legal replicability of US experiences (for example, that of ‘sanctuary cities’) in European contexts.

Bristol, UK: COMPAS, Global Exchange on Migration and Diversity, 2019. 46p.

Safe Reporting of Crime for Victims and Witnesses with Irregular Migration Status in Spain

By Markus González Beilfuss

According to the European Union (EU) Victims-Directive, victims of crime have the right to be informed, supported and protected, as well as to participate in criminal proceedings. EU Member States retain notable scope for action to transpose these rights into their national legislation, but with the entry into force of this Directive in October 2012, victims' protection entitlements improved significantly within thre remit of EU Law. However, foreign victims with irregular migration status are still in a vulnerable position. Indeed, they are included in the Directive in a particular way. On the one hand, Member States have to take the necessary measures to ensure that the rights set out in the Directive are not conditional on the victim's residence status. According to Art. 1.1, the rights delineated shall apply to all victims in a non-discriminatory manner, including with respect to their residence status. Nevertheless, on the other hand the Directive does not address the conditions of the residence of crime victims in the territory of the Member States. As mentioned in the preamble of the Directive (Recital 10), ‘reporting a crime and participating in criminal proceedings do not create any rights regarding the residence status of the victim’. Victims of crime with irregular migration status fall under the scope of the EU's Return-Directive. As with any third-country nationals staying irregularly in their territories, Member States shall issue them with a return decision. As stated in Art. 6.4 of the Return-Directive, ‘compassionate, humanitarian or other reasons’ allow Member States to grant at any moment a residence permit or the right to stay to any person with irregular migration status. However, EU law does not directly grant these victims of crime the right to stay if they report the case to the police or the criminal justice system. The outcome of the existing legal framework can be particularly harmful for these crime victims, who are exposed to retaliation and can fear deportation if they report the crime to the police. But it also impacts upon the whole criminal justice system, which may lose crucial actors for the prosecution of crime. In the last decade, EU and international law have started to bring in some exceptions to this inconsistent and harmful legal system. According to Directive 2004/81/EC, victims of human trafficking have access to a so-called ‘reflection period’ that allows them to recover and escape from the influence of traffickers. During this period, it is not possible to enforce deportation orders of third-country national victims, and once the reflection period is finished, victims may under certain circumstances access a residence permit.

Oxford, UK: COMPAS, Global Exchange on Migration and Diversity, 2019. 33p.

Safe Reporting of Crime for Victims and Witnesses with Irregular Migration Status in the Netherlands

By Ruben Timmerman, Arjen Leerkes, and Richard Staring

Across Europe, irregular migrants experience considerable difficulty obtaining basic access to justice, protection, and services across a wide range of areas. The structural exclusion of irregular migrants from the integration strategies of European Union (EU) Member States serves in many situations to limit the full exercise of their basic rights, including in particular the right of an individual to safely report to the police if they have been a victim of or witness to crime.1 In recent years, however, efforts have been made to ensure that irregular migrants within Europe are guaranteed equal access to justice and basic rights should they fall victim to crime. Perhaps most notably, Directive 2012/29/EU of the European Parliament and of the Council of 25 October 2012 establishing minimum standards on the rights, support and protection of victims of crime (hereinafter, Victims’ Directive), which entered into force in 2015, sets out to ensure that the rights of all victims of crime are protected, regardless of nationality or residence status.2 Among other things, the EU Victims’ Directive signifies—at least on paper—the inclusion of irregular migrants within the wider purview of victims’ rights. However, there remain significant challenges and barriers to access to justice and rights for irregular migrant victims of crime within Europe, and there is much work still to be done in effectively realising the vision set out by the EU Victims’ Directive. In particular, it has long been observed by human rights observers, scholars, and practitioners in the field of migration that irregular migrants are often hesitant or unwilling to contact or interact with law enforcement authorities to report crime, either as victims or as witnesses, out of fear of arrest or deportation.3 As a result, these irregular migrants are unable to exercise their basic rights to necessary services, protection, and justice, and are often more vulnerable to perpetrators who are able to exploit their reluctance to report crime. Moreover, the lack of opportunity for irregular migrants to safely report crime results in a lack of crucial intelligence about criminal activity for law enforcement, and significantly reduces authorities’ insight into crime and public safety issues in their communities. As a result of these challenges, both in the United States and across Europe innovative and diverse initiatives have been developed—particularly at the local level—to promote ‘safe reporting’ of crime among irregular migrants, and in turn to ensure greater access to justice for victims.4 In particular, many localities have developed what are commonly referred to as ‘firewall policies’.

Oxford, UK; COMPAS, Global Exchange on Migration and Diversity, 2019. 46p.

Interventions Against Child Abuse and Violence Against Women: Ethics and culture in practice and policy

Edited by Carol Hagemann-White, Liz Kelly and Thomas Meysen

This book offers insights and perspectives from a study of “Cultural Encounters in Intervention Against Violence” (CEINAV) in four EU-countries. Seeking a deeper understanding of the underpinnings of intervention practices in Germany, Portugal, Slovenia and the United Kingdom, the team explored variations in institutional structures and traditions of law, policing, and social welfare. Theories of structural inequality and ethics are discussed and translated into practice.

Leverkusen-Opladen, Verlag Barbara Budrich, 2019. 320p.

Femicide: Volume VI. Violence Against Girls in Flight

Edited by Veronika Bezinsky, Andrada Filip, Luma Kamel, Claire Laurent, Saide Mobayed, Kathryn Platzer, Michael Platzer

FEMICIDE Volume 6: Violence Against Girls contains the speeches delivered at these side events, at which high-ranking officials and experts on GBV presented comprehensive ways of reducing the risk of such violence, increasing the quality of protection for girl victims, and ending the impunity for perpetrators. It also includes the most recent and most effective prevention and mitigation strategies on gender-based violence against underage girls. In this volume of FEMICIDE we pay particular attention to girl refugees, displaced girls and migrant children, and the specific forms of violence and abuse occurring in the context of their flight. The refugee and migration flows in 2015 and 2016 have often been accompanied by abuses of the rights of children, and girls in particular. In such extreme situations as armed conflict, natural disasters, and other emergencies, girls are especially vulnerable to forced marriage, sexual exploitation, trafficking, psychological and physical intimidation, during all stages of their displacement. As girls are the most vulnerable of the vulnerable and are less likely to seek protection and a remedy, this publication focuses specifically on transnational aspects of violence against children, which are often neglected.

Vienna: Academic Council on the United Nations System (ACUNS) Vienna Liaison Office, 2016. 78p.

Femicide: Volume VIII. Abuse and Femicide of the Older Women

Edited by Helen Hemblade

Although violence against and murder of older women is a widespread phenomenon across the world, it receives little targeted attention. The simple fact that women get older than men, and as a result must live alone longer, makes them more vulnerable to exploitation, fraud, robbery and even physical abuse. As such, the abuse and femicide of older women is one of the most widespread unpunished crimes, affecting women of all backgrounds, cultures and countries. In many societies, elderly widows are physically and mentally abused, robbed of their right to inherit their assets - eventually losing their societal status. Due to poor education and no independent income, they are financially insecure and dependent on their children or relatives. FEMICIDE Volume VIII aims to analyse the ways in which women, over the age of 55, are psychologically and physically mistreated all around the globe, often resulting in death.

Vienna: Academic Council on the United Nations System (ACUNS) Vienna Liaison Office. 2017. 80p.

Women Who Sexually Abuse Children

By Hannah Ford

Until recently, the topic of female sexual offenders remained under-researched, and many incorrect assumptions and beliefs still surround the subject. This book is organised into five parts around eleven chapters. It provides a comprehensive overview of the latest research in this often overlooked area and discusses both adult female offenders and adolescents/younger children who commit sexual offences against children. After an in-depth evaluation of research literature, the author then considers a range of treatment approaches and directions for future research.

Chichester, West Sussex, UK: John Wiley & Sons, 2006. 204p.

Measuring Women's Empowerment: Lessons to better understand domestic violence

By Diana Lopez-Avila

This paper aims at shedding light on the relationship between women's empowerment and domestic violence. For this, we explore different ways to measure women's empowerment and domestic violence, and analyze whether the relation depends on the definitions used. We take advantage of a rich data set collected in rural Colombia, including several measures of self-esteem, disagreement towards domestic violence, participation in household decisions and social capital; and analyze the relationship with both aggressive and controlling ways of domestic violence. The results indicate that the different measures of women's empowerment help explain much better the aggressive ways of domestic violence than the controlling ones. Our results show a positive correlation between women's empowerment and domestic violence. This goes in line with the theories that argue that men use violence as a way to leverage their power within the household. Among the different latent measures of women's empowerment we used, we found that social capital and self-esteem are significantly correlated with aggressive domestic violence. We do not find that more common proxies, such as women's participation in household decisions, are significantly correlated to domestic violence.

Paris: Paris School of Economics, 2015. 42p.

Combating Domestic Violence against Women in Turkey. The role of women's economic empowerment

By Aurélien Dasre , Angela Greulich, Inan Ceren

This paper identifies motors and barriers for combatting domestic violence against women in Turkey – a country where modernism and conservatism are in constant interplay. We combine information from the Demographic Health Surveys and the Turkish Domestic Violence Survey and distinguish between controlling behavior, physical and sexual violence. Our empirical analysis tests how far a woman's intra-household decision making power (as measured by her education, her activity status, her income etc.) bears the potential to reduce her risk of experiencing domestic violence in Turkey. The analysis takes into account contextual factors as well as partner and household characteristics. We find that women's participation in the labor market does not, on its' own, reduce women's risk of experiencing intimate partner violence, but an egalitarian share of economic resources between spouses in likely to protect women against domestic violence. This finding has two important implications: First, higher education enabling women to access formal wage employment allows women not only to gain economic independence, but also to freely choose their partner. Second, unstable economic conditions that harm earning opportunities for men are an important risk factor for couples to experience conflits that can result in domestic violence against women. Against the background of the recent economic crisis that comes hand in hand with a backlash of gender and family norms in Turkey, our results highlight the need of policy action in this field.

Paris: University of Paris, Maison des Sciences Économiques, 2017. 37p.

Beaten Bad: The Life Stories of Violent Offenders

By Chandre Gould

In this monograph, readers will meet some of the men who are responsible for violent crime in South Africa. The narratives presented here are based on interviews with men who have been incarcerated for murder, robbery and rape. These accounts show that the foundation for their criminal careers was laid early in their lives and compounded by their experiences of loss, abuse and alienation. Readers are taken on a journey through their lives to understand why crime in South Africa is so violent, and what needs to be done to prevent it.

Pretoria, South Africa: Institute for Security Studies, 2017. 144p.

“I Sleep in My Own Deathbed”: Violence against Women and Girls in Bangladesh: Barriers to Legal Recourse and Support

By Human Rights Watch

On April 7, 2016, soon after the end of evening prayers, Sadia, 27, heard her husband calling her to come down to the street. As she got to the door, however, he stood flanked by two men, blocking the exit. On her husband’s order, his companions doused her with nitric acid. “My husband stood watching as my dress fell straight off and my necklace and earrings melted into my skin,” Sadia said. After four surgeries and almost four months at Dhaka Medical College Hospital, Sadia lost both her left ear and left eye. “He was trying to kill me,” she said when Human Rights Watch met her a year later. Acid attacks are one particularly extreme form of violence in a pattern of widespread gender-based violence targeting women and girls in Bangladesh. In fact, many of the women interviewed for this report endured domestic violence, including beatings and other physical attacks, verbal and emotional abuse, and economic control, for months or even years leading up to an attack with acid. For instance, during the 12 years that Sadia was married before the acid attack, her husband beat her regularly and poured chemicals in her eyes three times, each time temporarily blinding her.

New York: HRW, 2020. 73p.

"They Treat You Like You Are Worthless": Internal DHS Reports of Abuses by US Border Officials

By Human Rights Watch

In 2017, a US Border Patrol agent kneed a woman in the lower pelvis, leaving bruises and pain days later, according to her statement to a government official screening her asylum claim. In a separate incident that year, a Border Patrol agent or Customs and Border Protection (CBP) officer forced a girl to undress and then inappropriately touched her. In 2018, a CBP officer hit another asylum applicant so hard he was knocked unconscious and suffered brain swelling. That same year, an officer wearing a green uniform, consistent with those of the Border Patrol, asked an asylum applicant to give him oral sex in exchange for being released from custody. Another asylum applicant was bitten in the testicle by a Border Patrol service dog and denied medical treatment for about one month and ultimately had to have his testicle surgically removed. In 2019, CBP officials appeared to withhold food from a man in a freezing cold holding facility until he agreed to sign a paper that he did not understand. These are just some of the allegations of abuse catalogued in internal US Department of Homeland Security (DHS) reports received by Human Rights Watch on September 24, 2021 via the Freedom of Information Act (FOIA).

New York: HRW, 2021. 103p.

“Everyone Wants Me Dead”: Killings, Abductions, Torture, and Sexual Violence Against LGBT People by Armed Groups in Iraq

By Human Rights Watch

The Cameroon report, “‘Everyone Wants Me Dead’: Killings, Abductions, Torture, and Sexual Violence Against LGBT People by Armed Groups in Iraq,” documents cases of attempted murder of LGBT people by armed groups primarily within the Popular Mobilization Forces (PMF), which are nominally under the prime minister’s authority.

New York: HRW, 2022. 115p.

Combatting Domestic Violence in Turkey: The Deadly Impact of Failure to Protect

By Human Rights Watch

In June 2021, Eşref Akoda shot dead his 38-year-old wife Yemen outside her home in the central Anatolian town of Aksaray. Prior to this lethal assault, courts had on four separate occasions issued preventive orders aimed at keeping Eşref away from Yemen after he harassed her when she filed for divorce. A lawyer for the family said that Eşref Akoda had approached and threatened his wife at least twice, violating the third and fourth preventive orders, but that on those occasions the court had not imposed any of the available disciplinary sanctions on him, such as a short period in detention, due to a “lack of evidence”. The prosecutor also declined to bring criminal charges against him, even though Yemen’s lawyer had filed complaints with the prosecutor’s office.

New York: HRW, 2022. 92p.

Interventions Against Child Abuse and Violence Against Women: Ethics and Culture in Practice and Policy

Edited by Carol Hagemann-White, Liz Kelly, Thomas Meysen

This book offers insights and perspectives from a study of “Cultural Encounters in Intervention Against Violence” (CEINAV) in four EU-countries. Seeking a deeper understanding of the underpinnings of intervention practices in Germany, Portugal, Slovenia and the United Kingdom, the team explored variations in institutional structures and traditions of law, policing, and social welfare. Theories of structural inequality and ethics are discussed and translated into practice

Leverkusen-Opladen: Verlag Barbara Budrich, 2019. 282p.

Unseen Victims

By Inka Lilja, Elina Kervinen, Anni Lietonen, Natalia Ollus, Minna Viuhko, Anniina Jokinen.

The HEUNI report "Unseen Victims" presents the manifestations and consequences of gender-based violence and the challenges in assisting victims of violence in the migration context. With this report we aim to increase the understanding of policymakers on the structural challenges asylum-seeking and refugee women who have experienced gender-based violence face.

Helsinki: European Institute for Crime Prevention and Control (HEUNI), 2020. 100p.