THEORIES OF VICTIMOLOGY AND SEXUAL OFFENCES: AN OVERVIEW

Introduction: -

Victimology is a recent development of this segment, victimology is a study of the victim and the relation of crime, criminal and victim. As we study criminology to understand the crime, criminal, the reason behind breaking the law by the offender, their nature, behaviour & punishment for the same. Since the crime rate is increasing it is paramount to understand this area, what made criminal to target the victim & how to protect & safeguard the victim. In victimology, we study the contribution of the victim in his/her own victimization. Study of this notion has been introduced by the two Criminologist Benjamin Mendelson and Von Hentig, later on, they are also known as the Father of Victimology. The concept of Victimology is greatly recognised and developed after the end of world war-II.

The civil right movement

This movement has major significance in bringing victim in the light and its emphasis upon the study of victimology. Previously there was no specific law or legislation which deal with victimization however the culprit gets punishment for the crime. Study about a survivor of crime and victim is crucial in the area of criminology. The civil right movement is also termed as a crime victim right movement. To protect the right of the victim and to bring them in the focus of law and society. The victims' movement was given a more energy from crime victims and survivors. The victims' movement surfaced the neglected issue of criminal violence against women, yet it was rape survivors and battered women who most commonly founded programs and shelters for similar victims.

Indian perspective

In India it is imperative to improve the area of study about victimization, previously there was no such law and theory. Now the Indian judiciary and legislature focusing towards this emerging concept. As the term “victim” was introduced in Cr.P.C 1973, by C.r.P.C (amendment) Act 2008 which state 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.

Traditionally there was no such concept of Victimology in India and no legislation regarding the same. Victimology is recent growth, our Indian judiciary has taken major step towards this issue, the judicial verdict is manifest of that this concept has been greatly acknowledged by our judicial system we can see instance of the same in the Landmark judgment D.K. Basu and state of W.B. Supreme Court has laid down number of guidelines to prevent custodial violence including rape, and has recognized that custodial rape could be compensated as the same violated Rights to life and personal liberty guaranteed under Article 21 of the Constitution. In case of State of Maharashtra Vs. Madhukar N. Mardikar Supreme court held that even a prostitute has a right to privacy and no person can rape her just because she is a woman of easy virtue.

Victim participation in Rape by Menachem Amir: -

Menachem Amir, a faculty of the Institute of Criminology, Hebrew University of Jerusalem conducted research on the involvement of the rape victim in the offence. His research is quite controversial and contentious, in his research he asserted that once the victim and the offender are drawn together, a process is set in motion whereby victim behaviour and the situation which surrounds the encounter will determine the course of events leading to the crime. If the victim is not solely responsible for what becomes the unfortunate event, at least she is often a complementary partner.

Major classification made by him about rape victim’s contribution is Race, victims who are between 15 to 19 years of age, alcohol in the rape situation, particularly in the victim or in both offender and victim; bad" reputation of victim, victims who live in residential proximity to the offender and/or to the area of offense, victims who met their offender in a bar, picnic or party, victims who are raped outside their or offender's home or place of residence, use of coercion to subdue the victim, subjection of victims to sexual humiliation, victim-offender relationships involving all categories of "primary relationships but between family relatives."

Classification of Victim

(i) The Routine Activities Theory: - Routine activity theory, introduced by Cohen and Felson, emphasis upon three things 1. Potential offender 2. Suitable target 3. Absence of guardian. This theory has been criticised by many scholars as the criminal can target any individual they do not make a rational decision while committing a crime or before.

(ii) Functional responsibility Theory:- This theory has been introduced by Stephen Schafer and he categorised the victim contribution in crime by the following manner:

1. Distinct victim: - These victim does not contribute in their self-victimization, for instance a person passing by road and knocked by a car coming towards him rashly and recklessly.
2. Infuriating: - In the situation when victim provoke or exasperate the offender, in such cases after getting insulted or annoyed by the victim the offender get encouraged by this thing and cause harm to the victim.
3. Impetuous: - In this case victim does shares some contribution or we can say give aid in self-victimization.

Conclusion

The study of victimology is paramount need of the time to trace the deep root of crime. It seems obvious, ofcourse with certain objections against it, that a victim never aids the offender knowingly or deliberately to commit a crime. Most of the time they are not aware of the motivation of the culprit. This notion is an indispensable part of the criminology, it is essential or we can say it’s a part of criminology. To help the victim & to elevate the situation of the victim the study of victimology is imperative. Studying examining and scrutinising this sector is necessary as it crucial part of criminology & only after that we will be able to succour victim.

The author Pragya Vaishnav is a 4th year Law student at Indore Institute of Law

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