Module 2

National & International Organization

and Initiatives for Victims of Crime

Indian society of Victimology (ISV)

The Indian society of Victimology (ISV) was founded by Dr. K. Chockalingam in August 1992
to advocate the cause of victims of crime and abuse of power in India. The newly
established Society was formally inaugurated by the eminent Jurist Hon'ble Justice Mr. V. R.
Krishna Iyer, Former Judge of the Supreme Court of India in September 1992. The members
of the Society come from a broad spectrum of professionals and academia working in the
field of social and behavioral sciences. The membership of the Society includes academics,
social scientists, cirminal justice practitioners, social activitists, research scholars and
students from across the Country. Today, the Society has 534 Life Members and continues
to grow far and wide. Since inception the Indian Society of Victimology has
organised several conferences, seminars, symposium, special lectures and workshops on
various victimological issues with a view to advocate the cause of victims of crime and abuse
of power in India. Objectives of the Society are –
- To bring willing members into contact with one another with a view to establish relation of
good friendship and goodwill towards one another so that they can exchange thoughts and
views
-To advance victimological research and practices in India.
-To encourage interdisciplinary and comparative work and research in this field.
-To provide a national symposium for victimology ordinarily every two years that will serve
as a forum for national scholars, practitioners and students
-To organise periodic seminars, workshops and institutes.
-To bring out publication of a journal and a newsletter.
-To establish co-operation among victimologists throughout the world so as to initiate and
maintain and active exchange of ideas.
-To establish a library consisting of useful books for the use of its members.
-To raise funds for the Society by way of subscriptions, donations or other means for the
above objects.
-To do all or any of the above things and all such other things as are incidental or may be
thought conductive to attainment of the above objects or any of them.

World Society of Victimology (WSV)

The World Society of Victimology (WSV) is an international, non-governmental organization,
holding special category consultive status with the Economic and Social Council of
the United Nations as well as with the Council of Europe. Its international membership
includes: front-line victim service providers, academics and researchers in related social
sciences, government representatives, doctors, lawyers, law enforcement and emergency
service personnel, students and members of the interested public.

The purpose of the WSV is to advance the research of victimology and improvement of
practices on an international level; to improve collegiality and cooperation in the field, and
to promote cooperation between global, regional, national, and local organizations and
agencies which serve or work with victim issues.

South Asian Society of Criminology and Victimology (SASCV)

More recently, an international association called the South Asian Society of Criminology &
Victimology (SASCV) has been founded in February 2011, to nurture and promote criminological and
victimological knowledge in South Asian countries such as Afghanistan, Bangladesh, Bhutan, India,
Pakistan, Maldives, Sri Lanka and Nepal. The countries share their best practices in order to develop
understanding of criminology and victimology as two important branches connected with criminal
justice system. The emphasis is in victim’s restorative justice, both at the governmental and the non-
governmental level. It has been generally accepted that the South Asian countries are facing

acute problems of corruption, criminal violence, terrorism, extremism, white caller crime
and cyber crimes, human rights violations, victimization etc. The SASCV seeks to initiate
measures to assist member countries in framing criminal justice oriented legislative policies
to support and cater the needs of victims of crime and of abuse of power. The main
objectives of the South-Asian Society (SASCV) are as under:—

1. To serve as an international impartial, non-political and non-profit making association

whose purpose is to promote criminology and victimology in South Asian region?

2. To function in close collaboration with other national and international bodies to use the
available resources for propagation of victimological knowledge;

3. Scientific exchange of experts and organisation of international seminars, symposia,

workshops, conferences etc. on the related subject;

4. To encourage, promote and co-ordinate research development programmes and

evaluation activities related to criminology and victimology in the South Asian region.

5. To sensitise those who are responsible for criminal justice system regarding need for care,
help and assistance to victim of crime through resort to restorative justice;

6. To promote education and training of criminologists and victimologists and professionals

working in this field, particularly, the officials entrusted with the administration of criminal
justice.

UN Declaration on Victims of Crime, 1985

The Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power was
adopted by the General Assembly on 29 November 1985. # The General Assembly
accordingly adopted the Declaration as an annex to resolution 40/34 on 29 November 1985.
The Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power
consists of two parts:

A) Victims of Crime
1. Victims mean 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.
2. A person may be considered a victim, under this Declaration, regardless of whether
the perpetrator is identified, apprehended, prosecuted or convicted and regardless
of the familial relationship between the perpetrator and the victim. [The term
"victim" also includes, where appropriate, the immediate family or dependants of
the direct victim and persons who have suffered harm in intervening to assist victims
in distress or to prevent victimization.
3. The provisions contained herein shall be applicable to all, without distinction of any
kind, such as race, colour, sex, age, language, religion, nationality, political or other
opinion, cultural beliefs or practices, property, birth or family status, ethnic or social
origin and disability.

Access to Justice and Fair Treatment

 Victims should be treated with compassion and respect for their dignity. They are
entitled to access to the mechanisms of justice and to prompt redress, as provided
for by national legislation, for the harm that they have suffered.
 Judicial and administrative mechanisms should be established and strengthened
where necessary to enable victims to obtain redress through formal or informal
procedures that are expeditious, fair, inexpensive and accessible. Victims should be
informed of their rights in seeking redress through such mechanisms.
 The responsiveness of judicial and administrative processes to the needs of victims
should be facilitated by:-

1. Informing victims of their role and the scope, timing and progress of the
proceedings and of the disposition of their cases, especially where serious crimes
are involved and where they have requested such information;

2. Allowing the views and concerns of victims to be presented and considered at

appropriate stages of the proceedings where their personal interests are affected,
without prejudice to the accused and consistent with the relevant national criminal
justice system;
 3. Providing proper assistance to victims throughout the legal process;

4. Taking measures to minimize inconvenience to victims, protect their privacy,

when necessary, and ensure their safety, as well as that of their families and
witnesses on their behalf, from intimidation and retaliation;

5. Avoiding unnecessary delay in the disposition of cases and the execution of orders
or decrees granting awards to victims.

6. Informal mechanisms for the resolution of disputes, including mediation,

arbitration and customary justice or indigenous practices, should be utilized where
appropriate to facilitate conciliation and redress for victims.

Restitution
 Offenders or third parties responsible for their behaviour should, where appropriate,
make fair restitution to victims, their families or dependants.
 Such restitution should include the return of property or payment for the harm or
loss suffered, reimbursement of expenses incurred as a result of the victimization,
the provision of services and the restoration of rights.
 Governments should review their practices, regulations and laws to consider
restitution as an available sentencing option in criminal cases, in addition to other
criminal sanctions.
 In cases of substantial harm to the environment, restitution, if ordered, should
include, as far as possible, restoration of the environment, reconstruction of the
infrastructure, replacement of community facilities and reimbursement of the
expenses of relocation, whenever such harm results in the dislocation of a
community.
 Where public officials or other agents acting in an official or quasi-official capacity
have violated national criminal laws, the victims should receive restitution from the
State whose officials or agents were responsible for the harm inflicted.
 In cases where the Government under whose authority the victimizing act or
omission occurred is no longer in existence, the State or Government successor in
title should provide restitution to the victims.

Compensation
When compensation is not fully available from the offender or other sources, States
should endeavour to provide financial compensation to:

(a) Victims who have sustained significant bodily injury or impairment of physical or
mental health as a result of serious crimes;

(b) The family, in particular dependants of persons who have died or become physically
or mentally incapacitated as a result of such victimization.

(c) The establishment, strengthening and expansion of national funds for compensation
to victims should be encouraged.

Assistance
Victims should receive the necessary material, medical, psychological and social
assistance through governmental, voluntary, community-based and indigenous means.
 Victims should be informed of the availability of health and social services and
other relevant assistance and be readily afforded access to them.
 Police, justice, health, social service and other personnel concerned should
receive training to sensitize them to the needs of victims, and guidelines to
ensure proper and prompt aid.
 In providing services and assistance to victims, attention should be given to those
who have special needs because of the nature of the harm inflicted.

B) Victims of Abuse of Power

 "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 do not yet
constitute violations of national criminal laws but of internationally recognized
norms relating to human rights.
 States should consider incorporating into the national law norms proscribing abuses
of power and providing remedies to victims of such abuses. In particular, such
remedies should include restitution and/or compensation, and necessary material,
medical, psychological and social assistance and support.
 States should consider negotiating multilateral international treaties relating to
victims.
 States should periodically review existing legislation and practices to ensure their
responsiveness to changing circumstances, should enact and enforce, if necessary,
legislation proscribing acts that constitute serious abuses of political or economic
power, as well as promoting policies and mechanisms for the prevention of such
acts, and should develop and make readily available appropriate rights and remedies
for victims of such acts.
 Unfortunately, in India the police are still not oriented to meet the expectations of
the victims as per the UN Handbook on Justice for Victims.
 The police at the field level who are in actual contact with the victims in day-to-day
crime situations are blissfully ignorant of the international developments in the field
of Victimology and the better treatment victims deserve from the police.
 The treatment of victims by the police also forms the basis for a negative perception
of it.
 The Handbook says that â victims have a valid interest in the prosecution of the case
and should be involved at all stages of the proceedings.
 In practice, the entire court proceedings protect the rights and interest of the
accused, neglecting the victim’s interest.
 Except that the victims are summoned to tender evidence in courts, the various
services and assistance to be rendered by the prosecution to victims are not
practiced in the criminal courts in India.
 # In a nutshell, victims are alien to the criminal proceedings as they have no rights
excepting to be a witness when summoned by the court.

The Commonwealth Human Rights Initiative (CHRI)

The Commonwealth Human Rights Initiative was formed to promote and defend human
rights in the Commonwealth. The two regional offices of Commonwealth Human Rights
Initiative are based in London (U.K.) and Accra (Ghana). The CHRI was founded in 1987 by six
existing Commonwealth NGOs: the Commonwealth Lawyers Association, Commonwealth
Legal Education Association, Commonwealth Journalists Association, Commonwealth
Parliamentary Association, Commonwealth Press Union and the Commonwealth
Broadcasting Association. The organisation also advocates for the following:

 Right to information
 Prison reform
 Police reform
 Protection of Human Rights Defenders and Promoters
 Democracy
 Freedom of the press
 Civil and political rights
 Government transparency and accountability

CHRI consists mainly of three programmes:

1. Access to Information Programme (ATI) - The Access to Information

Programme works to protect the right to information (RTI)
in Commonwealth countries. The team conducts workshops and training sessions for
government servants and members of civil society organisations in order to develop
their skills and build their capacities. The programme also hosts public education
campaigns in order to raise awareness on the importance of the right to information.

2. Access to Justice Programme (police reform and prison reform) (ATJ) -

CHRI's programme Access to Justice Programme works towards
 developing accountability and transparency in Commonwealth judicial systems. The
programme is divided into two branches: police reform and prison reform.

In the police reform programme CHRI aims to increase demand for a rights-based
police reform and to strengthen police accountability. The team does this with
research, policy analysis, accountability monitoring, public education campaigns, and
with civil society networking. The programme has a focus on creating long-term
structural changes to policing and accountability systems, this in order to improve
accountability, transparency, and performance. The organisation works to ensure
that policing laws conform to internationally recognised human rights standards and
to the best international practices

3. International Advocacy and Programming (IAP) - The International Advocacy and

Programming (IAP) unit was created in November 2017 by renaming from the
former Strategic Initiatives Programme (SIP), which was expanded to include
representatives from CHRI's London and Accra offices.[3] IAP operates through
several strategic interventions that together have a positive impact on human rights
in the Commonwealth. IAP engages with official Commonwealth institutions with the
aim of holding the Commonwealth accountable to its human rights commitments.
IAP also works on the United Nations Human Rights Council and the role that the
Commonwealth plays in this premier global human rights body. IAP attempts to
strengthen National Human Rights Institutions in the Commonwealth and
encourages partnerships between these institutions and human rights groups.

Amnesty International (AI)

Amnesty International is a global movement of millions of people demanding human rights
for all people – no matter whom they are or where they are. We are the world’s largest
grassroots human rights organization. Amnesty International is a worldwide human rights
organization run by its members. It is independent of all governments and all financial
players. It is also independent of political convictions and religious faiths. Amnesty
International uncovers the facts about violations and breaches of human rights. Amnesty
International (also referred to as Amnesty or AI) is an international non-governmental
organization focused on human rights, with its headquarters in the United Kingdom. The
organization says it has more than ten million members and supporters around the world.

The stated mission of the organization is to campaign for "a world in which every person
enjoys all of the human rights enshrined in the Universal Declaration of Human Rights and
other international human rights instruments." The organization has played a notable role
on human rights issues due to its frequent citation in media and by world leaders.

AI was founded in London in 1961 by the lawyer Peter Benenson. Its original focus
was prisoners of conscience, with its remit widening in the 1970s, under the leadership
of Seán MacBride and Martin Ennals to include miscarriages of justice and torture. In 1977,
it was awarded the Nobel Peace Prize. In the 1980s, its secretary general was Thomas
Hammarberg, succeeded in the 1990s by Pierre Sané. In the 2000s, it was led by Irene Khan.

Amnesty draws attention to human rights abuses and campaigns for compliance
with international laws and standards. It works to mobilize public opinion to generate
pressure on governments where abuse takes place.

AI is governed by an international executive committee headed by a chairman. Members of

the executive committee are elected to staggered four-year terms at a biennial meeting of
the International Council, which comprises representatives of all national sections. The day-
to-day operations of the organization are overseen by an international secretariat headed
by a secretary-general, who is appointed by the executive committee.

International Center for the Prevention of Crime (ICPC)

International Center for the Prevention of Crime (ICPC) was founded in 1994 and is an
international forum for national governments, local authorities, public agencies, specialized
institutions, and non-government organizations to exchange experience, emerging
knowledge, and policies and programmes in crime prevention and community safety. It
assists cities and countries to reduce delinquency, violent crime and insecurity.
It helps put knowledge into action by making the knowledge base for strategic crime
prevention and community safety better known and more accessible worldwide,
encouraging the use of good practices and tools to produce community safety, fostering
exchanges between countries and cities, criminal justice institutions and community-based
organizations, providing technical assistance and training.

The International Juvenile Justice Observatory (IJJO)

A Belgian Foundation of Public Interest based in Brussels. Since 2002, the IJJO has worked
for the rights of children and adolescents at risk of social exclusion, especially those in
conflict with the law or caught in the cycles of violence and juvenile delinquency.

International Center for the Prevention of Crime (ICPC)

Founded in 1994 and is an international forum for national governments, local authorities,
public agencies, specialized institutions, and non-government organizations to exchange
experience, emerging knowledge, and policies and programmes in crime prevention and
community safety.

Coalition to Abolish Slavery & Trafficking (CAST)

An alliance of non profit service providers, grassroots advocacy groups and activists
dedicated to providing human services and human rights advocacy to victims of modern-day
slavery. CAST was founded in 1998...

International Society for Prevention of Child Abuse and Neglect

(ISPCAN)

Founded in 1977, is the only multidisciplinary international organization that brings together
a worldwide cross-section of committed professionals to work towards the prevention and
treatment of child abuse, neglect and exploitation globally.

Prevent Child Abuse America

Founded in 1972, Prevent Child Abuse America is the leading organization working at the
national, state and local levels to prevent the abuse and neglect of our nations children.

National Organization for Victim Assistance (NOVA)

A private, non profit organization of victim and witness assistance practitioners, criminal
justice professionals, researchers, former victims, and others, committed to recognizing
victims rights in four areas: national and local legislative advocacy, direct victim assistance,
member support, and professional development.

Recommendations of Commissions and Committees

on Justice to Victims in India
 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.
2. Where the offender is not traceable, but the victim is identified.
3. Also in cases when the offence is proved (Law Commission of India Report, 1996).

 The Justice Malimath Committee on Reforms of Criminal Justice

System (Government of India, 2003)
The Justice V. S. Malimath Committee has made many recommendations of far-
reaching significance to improve the position of victims of crime in the CJS, 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 or her legal representative, shall have the right to
be impleaded as a party in every criminal proceeding where the offence is
punishable with seven years imprisonment or more;
2. The victim has a right to be represented by an advocate and the same shall be
provided at the cost of the State if the victim cannot afford a lawyer;
3. The victim’s right to participate in criminal trial shall include the right: to produce
evidence; to ask questions of the witnesses; to be informed of the status of
investigation and to move the court to issue directions for further investigation; to
be heard on issues relating to bail and withdrawal of prosecution; and to advance
arguments after the submission of the prosecutor’s arguments;
 4. The right to prefer an appeal against any adverse order of acquittal of the accused,
convicting for a lesser offence, imposing inadequate sentence, or granting
inadequate compensation;
5. Victim compensation is a State obligation in all serious crimes.
6. The Victim Compensation Law will provide for the creation of a Victim
Compensation Fund to be administered possibly by the Legal Services Authority.
(Government of India, 2003).

Challenges And Proposal For Measures For Victims In India

Some of the challenges and the counter-measures include:
 No Separate Law for Crime Victims Yet.
 But continuous efforts are going on to enact a national law for victims. The Victim
Bill is a model draft Bill.
 Corruption in the Indian Criminal Justice System.
 Corruption by public officials erodes the entire health of the society and victimizes
people in all sections of the population.
 Many steps to reduce the level of corruption and accumulation of illegal wealth have
been taken by the Government.
 Declaration of assets and wealth by judges of the higher judiciary and ministers of
the government is a recently introduced example.

Empowerment of Women to Prevent Victimization of Women

 Serious efforts to change the traditional submissive and victimized role of women
have been taken up by NGOs and the Government.
 One attempt is the consistent struggle and active efforts by women’s organizations
to get more political power for women in the form of representation in the
Parliament, state legislatures and local bodies through a 33% reservation of seats for
women in these bodies.
 Many concessions, special privileges and tax rebates are provided for female
students to encourage them in higher education and employment, and to encourage
senior women citizens in economic self-reliance.
Empowerment of Children
 Making primary education a fundamental right under the Constitution is a leaping
step to empower children as education is the tool for development.
 The implementation of this right will have a bearing on other kinds of victimization
such as child labour.

Justice for Rape Victims - Guidelines for Victim Assistance

In Bodhisattwa Gautam vs. Subhra Chakraborty (AIR 1996 SC 922), 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 is well acquainted with the CJS 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 Art. 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.

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 Sah
vs. State of Bihar (AIR 1983 SC 1086), the Supreme Court ordered the Government
of Bihar to pay to Rudul Sah 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 Womens Resources Centre through Mrs. Nalini Bhanot vs.
Commissioner of Police, Delhi Police (AIR 1990 SC 513), 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.
 In another landmark case of D. K. Basu vs. State of West Bengal (AIR 1997 SC 610),
the Supreme Court held that state compensation is mandatory in cases of abuse of
power and said that to repair the wrong done and give judicial redress for legal
injury is a compulsion of judicial conscience.

Victim assistance in the Indian

criminal justice system
Victim assistance

“Victim Assistance, Support, or Services” refers to the activities carried out in reaction to
victimization with the goal of alleviating suffering and easing recovery. Information,
assessments, individual interventions, case advocacy, system advocacy, public policy, and
program creation are all examples of this. According to the United Nations Office on Drugs
and Crime (UNODC), victim assistance attempts to provide holistic help that extends beyond
the criminal justice system. It’s not just about rescuing the victim. It primarily serves two
purposes:

1. It recovers victims’ wholeness after they have been victimized;

2. It has procedures in place to lessen the danger of re-victimization.

As a result, it seeks to give victims a sense of agency and power. The goal of victim
assistance is to improve the victims’ quality of life, which has been harmed by the crime.
Victim support as a right begins when a crime is committed and continues until the victim’s
previous position is restored. The criminal justice system is merely one aspect of the overall
picture.

Victims of crime receive no assistance from the justice system. The concept of a fair trial and
justice was noted in the case of Mohd. Hussain @ Julfikar Ali vs The State (Govt. Of NCT)
Delhi (2012) as entailing a triangulation of the accused’s, victim’s, and society’s rights and
interests. The rights of the community and the accused are meticulously delineated under
an adversarial system, and they frequently supersede those of the victim, whose rights are
procedurally non-existent. Rather than an individual who has been damaged, the victim is
seen in connection to society and the offender. It has been claimed that regulations and
processes have been put in place in various countries to provide for more humane
treatment of victims. Greater acknowledgement of victims’ rights, the importance of their
role in the process, and their vested interest in the case and its conclusion are examples of
such policies and procedures. In many nations, Court-related support to victims, particularly
in criminal procedures, is still quite rare.

Types of assistance

1. Emotional assistance

Criminal activity can have a negative impact on the victim’s mental and emotional health. If a
person has been impacted by a crime, one of the ways the victims may be assisted is, by
providing them with the emotional assistance that they require. Counselling is sorts of
treatment in which skilled specialists examine a person’s entire life and background in order to
help them better understand themselves.

2. Financial assistance

As noted above, financial assistance is also required by the victims of crime and hence, the
Government of India provides compensation to the victims of crime under Section 357C of
the CrPC. It helps the victims and their families who were dependent on them for the
livelihood of the household to sustain a living for them.

Stakeholders for victim assistance

1. Police

Because the police are the initial point of contact in the criminal justice system, they must
be well-equipped to deal with victims. Section 154 of the Code of Criminal Procedure
(1973) obliges a police officer to write an FIR. They must collect evidence while keeping the
victim’s dignity in mind and treating them with respect regardless of the offence. The police
must subsequently refer the victim to lawyers, non-governmental organizations, and other
support systems that can provide the greatest possible assistance. The police shall act
according to the role prescribed under the CrPC under
Section 173, 301, 421, 164, 342 and 364. These are delicate matters of victim assistance and
police should handle them in such a way only.

2. Lawyers and prosecutors

Lawyers and prosecutors play a role that is similar to that of the police. Prosecutors should
be taught to strive for justice rather than conviction. Lawyers serve as a link between the
police and the victim, and by collaborating with the prosecutor; they should ensure that the
victim’s best interests are represented in Court. Victims of hurtful, threatening, or violent
situations can seek support from the victim advocacy program. Victim Advocates are
specially trained staff who offers:
 1. Personal assistance and an opportunity to talk about what happened.

2. Information on options and resources, as well as answers to frequently asked

questions.

3. Assistance in deciding on a plan of action and thinking it through.

4. Accompanies the victim to meetings, Court hearings, and other events, or acts as
a liaison.

5. Connection to resources on campus, in the community, and at the state level for
counselling, advising and reporting.

6. A link to the university’s offices (when appropriate, advocates can work with
faculty and staff).

3. Judiciary

The judiciary must be a fair and unbiased body that monitors the course of a criminal case.
All parties participating in criminal procedures should have their rights considered and
protected by judges. Victims should be afforded crucial protection by judges. Special
arrangements, such as permitting the victim to testify through closed-circuit television, can
be authorized in cases involving children, if applicable and possible. Individual rights are
solely protected by the judiciary. The courts play an important role in victim protection,
from accelerating trials to including victims in all phases of the proceedings. However, there
have been a number of cases when the judiciary has openly overlooked the victims’ rights
and interests. The judiciary has failed the victims by issuing orders such as granting bail on
the condition of tying a rakhi to the rapist (which was later scrapped by the SC) or asking a
rapist to marry the victim based on the accused’s assertions. Despite being the guardian of
the rule of law, the judiciary has maintained a limited and discriminatory attitude towards
victim relief. But there has been a positive response also from the judiciary.

The Supreme Court required the use of cameras during trials, particularly where the victim
is a child or a rape victim, in Sakshi v. Union of India (2004). The Supreme Court held
in Nirmal Singh Kahlon v. State of Punjab (2008) that the right to a fair investigation and
trial applies to both the accused and the victim, and that this right is guaranteed
under Article 21 of the Indian Constitution. As a result, a victim of a crime has the same right
to a fair investigation. The Supreme Court concluded in Bodhisattwa Gautam v. Subhra
Chakraborty (1995) that if a Court trying a rape case has jurisdiction to award compensation
at the end of the case, the Court also has the authority to give interim compensation. After
determining the accuser’s prima facie guilt, the Court ordered him to pay a monthly sum of
Rs. 1000 to the victim as interim compensation, as well as compensation arrears dating back
to the date of the complaint. The Madras High Court, based on the report of a commissioner
appointed by it to assess the losses, ordered payment of varying amounts of compensation
for the loss of property of the Sikh community in Coimbatore in R. Gandhi v. Union of
India (2020).

In Nilabati Behra v. State of Orissa (1961), the Supreme Court stated that the state must
compensate the petitioners for the harm caused by its officers. As a result, strict liability for
violations of fundamental rights is a remedy available in public law to which the principle of
sovereign immunity does not apply, such as awarding compensation in a proceeding
under Article 32 or Article 226.

4. Mediators

Mediation programs bring the perpetrator and the victim together in person to work out a
restitution agreement. The goal is to improve the victim’s social condition, which has been
harmed by the offender. The entire mediation method differs from regular criminal
proceedings in that a mediation session can only be scheduled with both the victim and the
offender’s cooperation. Participants in a reconciliation session can bring up any social
conflicts that may have contributed to the delinquent behaviour. However, critics of the
employment of informal procedures (such as mediation, arbitration, conciliation, and
applied therapeutic techniques) have raised concerns about potential risks, such as the
application of undue pressure to one or both sides.
 5. Non – Governmental Organisations (NGO)

Victim support services must be accessible in order to help as many victims as possible. This
accessibility will be expressed in a variety of ways, including availability in both urban and
rural locations, offices that are relaxing and pleasant, and victims’ privacy and anonymity.
Victimization is a one-of-a kind, individualized experience in which victims’ needs change
over time and are influenced by personal and environmental circumstances. The ability of
organizations and institutions to respond to the unique circumstances of victims is a critical
prerequisite that can aid particularly vulnerable victims in seeking and receiving assistance.

Help lines, emotional, practical, administrative, and psychological support, legal aid, and
accompanying are all services that NGOs frequently give. Because of the nature of these
services, their effectiveness will be determined by their accessibility and availability, as well
as the capability, aptitude, and attitude of employees who interact with victims. Cost-
cutting is a critical component of any business. Decisions on how and who will deliver a
service are frequently influenced by the financial implications.

Compensation for victims of a crime in India

The victim support movement promotes a restorative-justice policy that tries to resolve
criminal acts with comprehensive programs that address both the victim’s and offender’s
needs. The author further contends that because the state is responsible for protecting its
inhabitants, it is equally responsible for giving reparations to crime victims as a matter of
social justice. It is found that, despite India’s significant improvements in criminal
investigations and prosecution, crime victims’ sufferings have been mainly ignored. In many
situations, victims’ suffering has been alleviated only via the assistance of humanitarian
organizations and human rights commissions, and this is more common in cases of
newsworthy crimes.

Victims of any crime or violation of human rights (regardless of legal status) have the right
to be compensated for the losses incurred as a result of the crime perpetrated against them.
Compensation for material (such as unpaid wages and medical expenditures) and non-
material (such as pain, suffering, and trauma) damages can be sought through criminal, civil,
or administrative procedures. In India, victim assistance is frequently misunderstood to
mean just compensating victims. The victim compensation scheme, which was enacted by
a 2009 Amendment to the Criminal Procedure Code, requires every state government to
develop a plan for compensating and rehabilitating crime victims. The National Commission
for Women has recommended establishing a Criminal Injuries Compensation Board to
compensate rape victims.

The above idea is based on Supreme Court of India directives granted in the case of Delhi
Domestic Working Women’s Forum vs. Union of India and others (1994), which asked the
National Commission for Women to develop a “system to wipe out the tears of unlucky rape
victims.” The SC stated that, in light of the Directive Principles contained in Article 38(1) of
the Constitution of India, it was necessary to establish a Criminal Injuries Compensation
Board, as rape victims frequently suffer significant financial losses in addition to mental
anguish, and in some cases are too traumatized to continue working. The Court further
ordered that compensation for victims be granted by the Court if the criminal is convicted
and by the Criminal Injuries Compensation Board whether or not the offender is convicted.
If a woman becomes pregnant as a result of rape, the Board must consider her pain,
suffering, and shock, as well as her loss of earnings and childbirth expenditures.

“It would be appropriate if NALSA sets up a Committee of about 4 or 5 persons who can
prepare Model Rules for Victim Compensation for sexual offences and acid attacks taking
into account the submissions made by the learned Amicus,” the Supreme Court of India said
in Nipun Saxena vs. Union of India (2018). Both the learned Amicus and the learned
Solicitor General have pledged to help the Committee as needed. “The Chairperson of the
National Commission for Women, or a nominee for the Chairperson, should be a member of
the Committee.” The fact that states have sole authority over compensation systems
creates challenges not only in terms of implementation but also in terms of victim
discrimination. Regardless of the matter at hand, where they seek justice, victims have the
right to be treated equally. Furthermore, compensation is not available to victims until the
appeal’s limitation period expires or the appeal is underway in Court. In an already
overburdened legal system, this creates a substantial hindrance to destitute victims’ ability
to support them, negating the entire purpose of compensations. Compensations, on the
other hand, are only one of the victim’s many rights. Compensation is insufficient in
circumstances where the victim dies or becomes handicapped. Victim assistance is a
multifaceted system aimed at easing the victim’s situation, with compensation being only
one component.

In India, the actual obstruction to victim help is twofold. To begin with, there is a lack of a
structural legal framework for supporting crime victims. Section 357C of the Criminal
Procedure Code, 1973, inserted by the Criminal Law (Amendment) Act, 2013, and
the guidelines and protocols on medico-legal care for survivors/victims of sexual
violence prepared by the Ministry of Health and Family Welfare are the only two major
legislative actions that refer to victim assistance and except for this, there are no other
legislative frameworks that supports the crime victims. Under Section 357 CrPC - 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 dependents, who have
suffered loss or injury as a result of the crime and who, require rehabilitation.

Victim Assistance & Service: Types;

Victims Assistance & Services of
Criminal Justice System
Rights of Victim

 Victims should be treated with compassion and respect for their dignity. They are
entitled to access to the mechanisms of justice and to prompt redress, as provided
for by national legislation, for the harm that they have suffered.
 Judicial and administrative mechanisms should be established and strengthened
where necessary to enable victims to obtain redress through formal or informal
 procedures that are expeditious, fair, inexpensive and accessible. Victims should be
informed of their rights in seeking redress through such mechanisms.
 The responsiveness of judicial and administrative processes to the needs of victims
should be facilitated by:

(a) Informing victims of their role and the scope, timing and progress of the proceedings and
of the disposition of their cases, especially where serious crimes are involved and where
they have requested such information;

(b) Allowing the views and concerns of victims to be presented and considered at
appropriate stages of the proceedings where their personal interests are affected, without
prejudice to the accused and consistent with the relevant national criminal justice system;

(c) Providing proper assistance to victims throughout the legal process;

(d) Taking measures to minimize inconvenience to victims, protect their privacy, when
necessary, and ensure their safety, as well as that of their families and witnesses on their
behalf, from intimidation and retaliation;

(e) Avoiding unnecessary delay in the disposition of cases and the execution of orders or
decrees granting awards to victims.

 Informal mechanisms for the resolution of disputes, including mediation, arbitration

and customary justice or indigenous practices, should be utilized where appropriate
to facilitate conciliation and redress for victims.
 Offenders or third parties responsible for their behaviour should, where appropriate,
make fair restitution to victims, their families or dependants. Such restitution should
include the return of property or payment for the harm or loss suffered,
reimbursement of expenses incurred as a result of the victimization, the provision of
services and the restoration of rights.
 Governments should review their practices, regulations and laws to consider
restitution as an available sentencing option in criminal cases, in addition to other
criminal sanctions.
  In cases of substantial harm to the environment, restitution, if ordered, should
include, as far as possible, restoration of the environment, reconstruction of the
infrastructure, replacement of community facilities and reimbursement of the
expenses of relocation, whenever such harm results in the dislocation of a
community.
 Where public officials or other agents acting in an official or quasi-official capacity
have violated national criminal laws, the victims should receive restitution from the
State whose officials or agents were responsible for the harm inflicted. In cases
where the Government under whose authority the victimizing act or omission
occurred is no longer in existence, the State or Government successor in title should
provide restitution to the victims.
 When compensation is not fully available from the offender or other sources, States
should endeavour to provide financial compensation to:

(a) Victims who have sustained significant bodily injury or impairment of physical or mental
health as a result of serious crimes;

(b) The family, in particular dependants of persons who have died or become physically or
mentally incapacitated as a result of such victimization.

 The establishment, strengthening and expansion of national funds for compensation

to victims should be encouraged. Where appropriate, other funds may also be
established for this purpose, including in those cases where the State of which the
victim is a national is not in a position to compensate the victim for the harm.
 Victims should receive the necessary material, medical, psychological and social
assistance through governmental, voluntary, community-based and indigenous
means.
 Victims should be informed of the availability of health and social services and other
relevant assistance and be readily afforded access to them.
 Police, justice, health, social service and other personnel concerned should receive
training to sensitize them to the needs of victims, and guidelines to ensure proper
and prompt aid.
  In providing services and assistance to victims, attention should be given to those
who have special needs because of the nature of the harm inflicted or because of
factors such as those mentioned in paragraph 3 above.
 States should consider incorporating into the national law norms proscribing abuses
of power and providing remedies to victims of such abuses. In particular, such
remedies should include restitution and/or compensation, and necessary material,
medical, psychological and social assistance and support.
 States should consider negotiating multilateral international treaties relating to
victims.
 States should periodically review existing legislation and practices to ensure their
responsiveness to changing circumstances, should enact and enforce, if necessary,
legislation proscribing acts that constitute serious abuses of political or economic
power, as well as promoting policies and mechanisms for the prevention of such
acts, and should develop and make readily available appropriate rights and remedies
for victims of such acts.

ASSISTANCE AND RESOURCES FOR VICTIMS

Victim-Witness Coordinators
Victim-Witness Coordinators within the U.S. Attorneys’ Offices are available to provide
victim services required by the VRRA and CVRA. Victim Witness Coordinators are dedicated
to assist victims to understand the criminal justice process and to help victims understand
their rights.
Victim Notification Program

Where possible, all victim information and notifications in federal criminal cases are made
available (in both English and Spanish) by means of the DOJ’s Victim Notification System
(VNS). The VNS is a free, computer-based system that provides federal crime victims with
information on scheduled court events, as well as the outcome of those court events. It also
provides victims with information on the accused’s custody status and release. In addition
to the written notifications generated through the VNS, victims who receive a special PIN
number can obtain automated status information by calling the VNS Call Center at 1-866-
365-4968 (1-866-DOJ-4YOU) or by accessing the VNS Internet website. A Victim ID# and
PIN# are required to access the VNS Call Center or VNS Internet site.
If a Victim is Threatened or Harassed

If a victim is threatened or feels they are being harassed because of their involvement in the
criminal process, there are remedies available. Victim and witness safety is of greatest
importance. The victim should contact the investigating agent or a victim witness
coordinator immediately. They may discuss additional safety measures and assistance such
as temporary restraining orders, possible relocation, or other appropriate referrals. If there
is an immediate physical threat, the victim should call 911 or the local police department.
If a Victim Needs Financial Support and Resource Assistance

All states receive federal funds to help support local victim assistance and compensation
programs. There are also nongovernmental organizations that provide resources and
services to crime victims. These programs provide two general types of services—victim
compensation and victim assistance—for many types of crimes. Compensation programs
may reimburse victims, including victims of federal crimes, for expenses. Expenses that may
be covered include medical costs, mental health counseling, funeral and burial costs, and
lost wages or loss of support. Crime victim assistance programs provide a range of services,
including crisis intervention, counselling, emergency shelter, criminal justice advocacy, and
emergency transportation.

Legal Support Services

ENRD will make its best efforts to ensure victims are provided federal victims’ rights and
services. Victims also may seek the advice of their own attorney with respect to these
rights. There are attorneys who specialize in victims’ rights law throughout the country. If
you need assistance finding such an attorney, you can contact the bar association in your
state. The following organizations also may be able to provide you with information about
your rights or refer you to an attorney: The National Crime Victim Law Institute, National
Crime Victim Bar Association, National Centre for Victims of Crime, and the National
Organization for Victim Assistance. The organizations listed are for informational purposes
only. ENRD does not endorse the legal services of any particular referral provided by a bar
association or organization, nor does ENRD provide referrals for legal services directly.
Resources for Victim Service Providers
As part of ENRD’s ongoing commitment to provide relevant resources to victims of
environmental crime, ENRD is committed to supporting victim services professionals,
prosecutors, law enforcement officers, tribal communities and others who may also provide
support to victims of environmental crimes. For more information on how to assist victims
of environmental crimes, please contact ENRD at [Link]@[Link] or
(202) 305-0321.

Provision for victim compensation

and compensatory Jurisprudence
Victim Compensation Provisions under Indian Constitution

 The supreme law of the land, the Constitution of India, enumerates no specific
provisions for victims. However, Part-lV (DPSP) under Article-41 & Part-V
(Fundamental Duties) under Article-51A lays down the duty of the state to secure
"the right to public assistance in cases of disablement and in other cases of
undeserved want" & "to have compensation for living creatures and to develop
humanism" respectively.

 The Right to Compensation has also been interpreted as an integral part of Right to
life and liberty under Article- 21 of our Constitution. In various cases the apex court
had held that making compensation is an integral aspect of right to life:

 Rudul Sah vs State Of Bihar (1 August, 1983)

 Bhim Singh, Mla vs State Of Jammu & Kashmir (22 November, 1985)

 Dr. Jacob George vs State Of Kerala (13 April, 1994)

 Peoples' Union For Democratic Rights vs State Of Bihar (19 December, 1986)

 Right to Compensation has also been interpreted as an integral part under Article-14
& 39A.
 Section- 166B of IPC, 1860 has provision for punishment for non-treatment of
victims.

Victim Compensation Provisions under CrPC, 1973

 Section-357 empowers a court imposing a sentence of fine or a sentence (including a

sentence of death) of which fine forms a part in its discretion.
Whereas Section-357(3) empowers the court to award compensation for loss or
injury suffered by a person, even in cases where fine does not form part of the
sentence.

 The 154th Law Commission Report, 1996 on the CrPC devoted an entire chapter to
victimology in which the growing emphasis on victims rights in criminal trials was
discussed.

 Admits the increasing concern for compensation to victims of crime Section-357A

was inserted by the CrPC (Amendment) Act,2008 (w.e.f.31 Dec.2009) on the
recommendation of the Malimath Committee Report on 'Reforms of Criminal Justice
System,2008'. It also inserted Section-2(wa), Section-24(8) proviso & Section-372
proviso.

 Section-357A provides that every State Government in coordination with the Central
Government shall prepare a scheme for providing funds for compensating victims or
their dependents who have suffered loss or injury and require rehabilitation.

 If the trial court is satisfied that compensation awarded under Section-357 is not
adequate for such rehabilitation or where the case ends in acquittal or discharge and
the victim has to be rehabilitated, the court may make recommendation for
compensation.

 When a recommendation is made by the court, the District Legal Service Authority or
State Legal Service Authority shall decide the quantum of compensation to be
awarded, under the scheme.
 Where the offender is not traced or identified or no trial takes place, the victim or
his dependents may apply to the State or District Legal Service Authority for award
of compensation.

 After due inquiry such authorities shall award adequate compensation by completing
the inquiry within two months. Such compensation can be awarded even in the case
of acquittal or discharge of the accused.

 Section-357B & Section-357C were inserted by Act 13 of 2013 CrPC Amendment

(w.e.f.3 Feb.2013).

 Section-357B provides that the compensation payable by the State Government

under Section-357A shall be in addition to the payment of fine to the victim under
Section- 326A, 376AB, 376D & 376DB of IPC, 1860.

 Section-357C provides that all hospitals, public or private, whether run by Central
Government, State Government, local bodies, or any other person shall immediately
provide the first-aid or medical treatment, free of cost to the victims of any offence
covered under Section - 326A, 376, 376A, 376AB, 376B, 376C, 376D, 376DA, 376DB
or Section-376E of IPC,1860 and shall immediately inform the police of such incident.

 Compensation to persons groundlessly arrested is under Section-358.

 The Government introduced the Central Victim Compensation Fund (CVCF) Scheme
to enable support to victims of rape, acid attacks, human trafficking, women killed or
injured in cross border firing. Nirbhaya Fund is being used in CVCF.

 The Supreme Court approached the National Legal Service Authority Compensation
Scheme for women victims or sufferer of sexual assault or other crimes, 2018 as per
which the minimum compensation should be 4 lakh rupee and said it will also extend
to minor victims.

Judicial Creativity
 a) Manish Jalan vs State of Karnataka (11 July 2008) - Supreme Court observed that
the quantum of compensation is to be determined by taking into account the
nature of crime, injury suffered and the capacity of convict to pay compensation.
Nevertheless, the amount of compensation should be reasonable.

b) S.S. Ahluwalia vs Union of India (16 March 2001) - The Supreme Court agreed in
principle that the Government should pay compensation to the family members
of the persons killed in the riot.

c) Nipun Saxena vs Union of India (11 Dec. 2018) - By noting drawbacks of existing
schemes, the apex court found it fit to direct the National Legal Service Authority
(NALSA) to frame a scheme for victims of sexual offences including the offences
falling under the Protection of Children against Sexual Offences Act. (POCSO).

d) Hari Kishan vs Sukhbir Singh (25 Aug. 1988) - The apex court said awarding
compensation is a measure of responding appropriately to crime as well as
reconciling the victim with the offender.

CJS and victim relationship:

Collaborator or evidence - Victim &
Police
ROLE OF JUDICIARY IN THE CRIMINAL JUSTICE SYSTEM
In the criminal justice system, the judiciary is highly significant and has a very essential
function to play inside the system. Their impartial stance is what the evidence is to be
acknowledged when a disagreement arises: nonetheless, judges in certain common law
regimes take a more important role in choosing whether evidence is to be recorded or
rejected. Judges must also acknowledge that justice is more than simply the law. The judge
decides if there is enough and sufficient evidence to establish a reasonable belief, that a
crime has taken place and that the crime judges play an important part in the system and
are authorized by law to seek the truth. But because of the same difficulties they operate
mechanically and do not pay attention to job quality.
• Inadequate court structure is a very serious issue, courts are overwhelmed by the fact that
quality of work does not provide due care to each case. Additional court personnel are
urgently needed to end delayed proceedings.
• There is also a huge lack of resources and the courts lack necessary support facilities, such
as stenographers, typists and interpreters, modern office equipment, and telephones, which
have negative impacts on courts' operations.
• As a consequence, numerous and needless delays hinder the court's functioning.
Sometimes prosecutors are not opposed, the outcomes of the trial have been delayed and
the proceedings are hindered.
• Because of political pressure and other considerations, and because of deliberate delays,
the court cannot conduct an impartial and fair trial.
• In every case, the prosecutor should carefully prepare the facts and the law. The case file
should be reviewed and tested by the prosecution as well as by police cooperation to make
sure that testing is made in court by scheduled dates, if required, for reasonable doubt. It
must work correctly in the courts.
• It also represents an obstacle to working correctly to finish the unit system for every judge
since they do not operate qualitatively. They are solely interested in the whole unit that has
been granted by the high courts, numerically and mechanically.
• There is no enough focus on looking for skilled individuals who can deal with criminal
matters.
• All legal sectors have developed enormously throughout the years. Every judge cannot
control all branches easily.
• Special attention was not paid by the training system to competent and appropriate
professional abilities and case/court management.
• The first is the final number of instances. There are two difficulties with which everyone
complains. Which everyone knows cannot afford for lack of time on that day, it will take the
Court some time to appeal cases and the second difficulty to a frequent postponement.
Principal sectors of human rights abuses in the criminal justice
system
• Crime
• Police
• Court
• Prisons
• State
• Others
The combined contribution of socio-political and economic variables has raised the number
of crimes day by day. Some factors include population growth, unemployment rise, and the
lack of opportunity for a certain portion of the population. Crimes coordinated have grown.
Such financial, arms, and communication controls have been exercised by criminal gangs.
These crimes are not only a significant problem for the police but also for the very viability
of a civic society itself. The social, economic, and political fabric of society is overall
corroded by criminal gangs. The amount of fear inflicted on society by street criminals is
disturbing. These gangs are also accountable in social and economic sectors for large-scale
corruption.
Police in a democratic society will be regarded by preserving constitutional and legal rights
as preserving the dignity of the person. Democracy is endangered if the police stop
respecting individuals' legal and constitutional rights and continually ignore the legal
process. There are regular allegations of police assault and brutality from various sections of
the nation. It is known that an ordinary criminal complaint is met brutally by police stations
and handled with discourtesy, apathy, and unworthiness. Police perversions are nearly
invariably the victims of the underprivileged elements of society who are unable to defend
themselves adequately. The police take the law and infringe upon the fundamental human
rights of suspects in fighting crime. Deaths of fatalities and rape and deaths in police
custody demonstrate the horrific records of police deviance. These are perhaps the most
brutal sorts of abuses of human rights.
In common law, the criminal justice system is built on the two principles of penal policy, the
presumed innocence and the obligation to demonstrate beyond reasonable doubt the
criminal accusation. The level of legal knowledge has to be improved and it needs to be a
mechanism for promoting justice. The prosecution is another weakness. The prosecutor
must, on merit, be chosen; frequently not. Skilled prosecutors should be selected who is
again politically unbiased. The prosecution has a fair divulgating requirement, which implies
that all considerations even those in favor of the defendant must be brought before the
court. As Justice Arthusses V and Mr. Erbilt would say, 'if they (the ordinary people) respect
the work of the courts, the deficiencies of every other branch of government will survive
their respect for the law; but if they lose respect for the work of the courts their respect for
the law and order will be lost to the great disadvantage of society.

Victim Participation in the Criminal Justice System

As a result of a number of developments—including the rise of restorative justice—victims

in common-law jurisdictions now have far more input into the criminal process. Victim
participatory rights are currently recognized as an important component of criminal justice
proceedings. Research has shown that victim participation in justice can help victims who
want to be included in proceedings and that victim participation does not result in
difficulties or create problems for the smooth operation of the criminal justice system.
However, because victim participation in sentencing decisions challenges traditions and
established patterns within the criminal courts, these rights sometimes encounter
resistance in their implementation. As legal cultures are transformed, however, and victims
are increasingly perceived as a legitimate party in proceedings, victim participation can
become an acceptable practice and a way to inject restorative justice elements into
adversarial justice systems. Ultimately, it is the underlying value system and ideology that
will determine whether victims are meaningfully integrated into proceedings. Attempts to
integrate victims outside the adversarial criminal justice system through restorative justice
schemes have worked for some victims, but they do not serve those who wish to remain
within the protective structure of adversarial systems.

This entry reviews the historical development of the role of crime victims in common-law
criminal justice systems. It presents and assesses research on the impact of these changes
on victims and the criminal justice system. Emerging alternative perspectives and schemes
to integrate victims in proceedings are then discussed. The entry concludes by noting some
implications for criminal justice policies regarding crime victims.

Victims’ Role in Criminal Proceedings

In adversarial justice systems, a criminal trial entails a conflict between two adversaries—
the state and the defendant, and the search for the “truth” is conducted before an impartial
adjudicator—the judge. In earlier centuries, crime victims had to assume the responsibility
of pursuing the offender and bringing him or her to justice. Over time, this state of affairs
changed. With the centralization of power and creation of the concept of “the King’s
peace,” victims lost their active role in justice. The state began to prosecute a defendant on
behalf of the community, and the crime victim was relegated to the role of witness for the
prosecution.

For most victims, even their role as witness never materializes. Most criminal incidents do
not result in a trial as a result of the attrition of cases. The police may fail to make an arrest,
or the prosecutor may decide not to file a criminal charge. If a charge is filed, it may be
stayed or withdrawn. In the vast majority of cases, the offender ultimately pleads guilty, and
the case proceeds to sentencing without a criminal trial being held. Unlike continental legal
systems, which provide victims with a formal role in criminal proceedings, adversarial legal
systems do not accord victims any formal standing in the prosecution of “their” offenders.
Victims have little influence over whether (or how) the state chooses to proceed against the
alleged perpetrator. Thus, until fairly recently, crime victims were denied any input into the
sentence of the offender. Yet the state highly depends on victim cooperation, without which
a criminal prosecution is unlikely to succeed.

Changes in the Role of Crime Victims

Until the 1970s, crime victims were considered the “forgotten persons” of criminal justice—
invisible to and neglected by the system. The lack of victim standing in criminal proceedings,
and the consequent insensitivity to the needs of crime victims, led to victim dissatisfaction
and alienation from the criminal justice system. Surveys of crime victims in a number of
countries revealed complaints related to the lack of information about the case as well as
frustration due to the lack of input into the proceedings. These findings provoked campaigns
by victims’ rights groups to bring about changes in the criminal justice system.

In response to the victim movement, Western countries have passed legislation creating
various victim rights and have established a wide range of services for victims of crime.
Victims now have the right to receive information about the status of the case in which they
are involved, and they also have the right to apply for financial compensation and
psychological assistance. More recently, many jurisdictions have provided victims with
participatory rights throughout the criminal process, beginning with the arrest of a suspect
and ending with the prisoner’s release from prison. Although most rights and benefits that
facilitate victim participation in justice have been generally accepted, the right to actively
participate in the judicial process and to have a voice in proceedings has proved
controversial and continues to be the subject of heated debate.

Emergence of Participatory Rights for Crime Victims

Research and practice have shown that while some victims prefer to stay out of the criminal
justice system, many others wish to participate. The need to accord victims participatory
rights has been recognized by many national committees established to study victims in the
criminal justice process (e.g., the President’s Task Force on Victims of Crime, 1982, in the
United States and the report of the Standing Committee on Justice and Human Rights, 1998,
in Canada). Similar reports have been published in other jurisdictions.

The international community has also recognized the need to integrate victims into the
criminal justice process. In 1985, the United Nations Seventh Congress on the Prevention of
Crime and Treatment of the Offender adopted a declaration that required that victims be
allowed to present their views and concerns at appropriate stages of the criminal justice
process. Victims also enjoy significant rights in proceedings before the International Criminal
Court in the Hague. That court hears cases involving the most serious crimes committed
against many hundreds of crime victims.

Many states in the United States have enacted victims’ bills of rights that vary in scope from
mandating that criminal justice officials simply show respect toward victims, to establishing
a victim’s right to be present and heard, to allowing victims to sit at the prosecutor’s table
during trial. In several states, victims’ rights are achieved by specific statute, but a number
of states have adopted constitutional amendments to give victims’ rights greater
permanence and visibility. The majority of the states also allow for victim participation in
sentencing and parole hearings. The states also provide for victim participation in plea
bargaining. However, the extent to which victims are allowed to participate in plea
discussions varies widely, with no state providing victims with a veto over plea agreements.

Reforms addressing the circumstances in which victims are afraid or reluctant to provide
testimony or input into proceedings (such as domestic violence cases) have also been
adopted. These laws (or statutory amendments) require the police to make arrests
regardless of whether the victim signs the complaint. Similarly, prosecutors are allowed to
proceed with a case even if the victim refuses to cooperate (this is known as a “no-drop”
policy). Mandatory arrest laws and no-drop prosecutorial policies recognize that victims of
domestic violence are especially vulnerable to retaliation from the perpetrator if they press
charges. These laws therefore remove this decision from victims. Mandatory charging and
prosecuting policies thus create a potential conflict with the principal goal of victims’
advocates: to give victims a say in important criminal justice decisions that affect their lives.
Accordingly, some battered women’s advocates and feminist scholars have criticized the
mandatory element of these policies on the grounds that they further disempower the
crime victim.

Victim Impact Statements at Sentencing

Sentencing attracts more interest than any other stage of the criminal process. Victims look
toward a sentencing court to vindicate their suffering and to mark the crime by imposing an
appropriate penalty on the convicted offender. It is therefore not surprising that it is at the
stage of sentencing that victims are most interested in providing input. Of all the
participatory reforms, victim input into sentencing decisions, or victim’s right to submit
victim impact statements (VIS), have attracted the most opposition. The VIS—as the concept
is referred to in the United States and Canada—or the victim personal statement (VPS)—its
counterpart in England and Wales—is a statement in which the victim describes the impact
of the crime on his or her life, including physical, social, psychological, and financial harms.
The VIS may be delivered at the sentencing hearing either in writing, orally, or visually (in
countries or jurisdictions that allow victim allocution or presentations through a video).
Judges are encouraged, or in some jurisdictions required, to take the VIS into account when
determining sentence.

Arguments for Victim Participation at Sentencing

Advocates of victims’ rights to participate in the criminal justice process have advanced a
variety of arguments, some moral, some penological, and others practical in nature. The
idea of victim participation recognizes victims’ wishes to be treated as a party to the
proceeding. Allowing victims to participate in the criminal process reminds judges, juries,
and prosecutors that behind the “state” there is an individual victim with an interest in how
the case is ultimately resolved. It is argued that providing victims with input promotes
proportionality in sentencing because victims can provide accurate information about the
seriousness of the crime. Victim participation may also lead to increased victim satisfaction
with the judicial process and cooperation with the criminal justice system. This, in turn, may
enhance the system’s effectiveness in bringing offenders to justice. It may also increase
perceptions of the fairness of proceedings, because it will also allow victims to be heard.
The use of VIS may also promote psychological healing by helping victims recover from the
emotional trauma associated with their victimization. Finally, it may also alleviate some of
the feelings of helplessness that can arise as a result of the crime and the inability on the
part of victims to express themselves to judicial authorities.

Objections to Victim Participation

Objections to victim participation at sentencing range from assertions that vengeful justice
will result to predictions that the system will grind to a halt as a result of the additional time
needed to process cases. Opponents of victim participation are reluctant to expose the
court to public pressure (created as a response to the victim input), from which it should
properly be insulated. There are also concerns that the victim’s “subjective” account of
events may take precedence over the allegedly “objective” one pursued by the court. The
legal profession has found the prospect of allowing material that may be highly emotional in
the courtroom unacceptable and argues that a victim’s input into sentencing is irrelevant to
any legitimate sentencing considerations, lacks probative value in a system of public
prosecution, and is likely to be prejudicial. Permission to deliver a VIS in person—exercising
victim allocution right—has been regarded as particularly objectionable, as an oral version
in a very serious crime may be very moving for the judge and this may increase sentence
severity or promote sentencing disparity. Objections also included arguments that victim
input violates the fundamental principles of the adversarial legal system, which do not
recognize the victim as a party to the proceedings. Including victims would transform the
trial between the state and the defendant into a tripartite court proceeding (state-victim-
offender). Such practices, it was argued, belong only in the so-called continental legal
systems with adhesive prosecution or partie civil procedures or to restorative justice
schemes.