Victimization Vs. Restorative Justice
To answer what victimization is we must first understand what a victim is. According to the University of the Pacific, a victim is “a person who suffers direct or threatened physical, emotional or financial harm as a result of an act by someone else, which is a crime (University of the Pacific).” A victim may also be someone whose personal rights have been desecrated by criminal, violent or aggressive acts. Family and close friends of a person who has been incapacitated or killed as a result of a severe accident. Family and close friends of a person who has been injured or killed as a result of crime. Someone who has viewed or been affected by a violent or traumatic incident. Or a victim may even be family and close friends of a person who has been injured or killed as a result of disaster or tragic circumstance. Being a victim isn’t limited to a certain group or crime, because there are many extents to victimization. On the other hand, victimization can be defined as “the unwarranted singling out of one person from a group and subjected to unfair treatment and other wrongs (Mallicoat, 2015, p. 55)”.
Fear of victimization is the fear of becoming victim …show more content…
of a crime. The fear of victimization is similar for both men and women because, we all fear the idea of being a victim in a crime situation. But, men and women tend to fear different types of victimization.
Types of Victimization
As stated earlier, there are many different types of victimization. “Sexual misconduct, or any non-consensual sexual activity that is committed by force, fear, mental or physical prostration, including through the use of alcohol or drugs is a type of victimization (University of the Pacific).”
Rape is a type of victimization. Rape is the “sexual penetration of the victim’s vagina, mouth, or rectum without consent. Rape includes penetration with the use of force or fear, the threat of force or fear; or the sexual penetration of a person who is otherwise incapable of giving consent (University of the Pacific).” This includes circumstances where the individual is under the influence of drugs, alcohol, or other mind altering products. The condition or state of the victim was or should have sensibly been known to the accused. Another type of victimization is sexual touching or otherwise known as sexual battery. Sexual battery, is “the act of making unwelcome and sexually aggressive contact whether that be clothed or unclothed, with an intimate body part of another person (University of the Pacific).” This act, would cause instantaneous uneasiness that sexual touch will occur. Additionally, sexual exploitation falls under the category of victimization. “Sexual exploitation is the taking advantage of a non-consenting person or situation for personal benefit or gratification or for the benefit of anyone other than the alleged victim; and the behavior does not constitute rape, sexual touching or sexual harassment. Sexual exploitation includes, but is not limited to photographing or making audio or video recordings of sexual activity without consent; dissemination of images or recordings without consent of the participant; allowing others to observe sexual activity without the knowledge or consent of the partner; Voyeurism (peeping tom); knowingly transmitting a sexually transmitted infection or HIV to another; prostituting another person; giving alcohol or other drugs to another with the intention of rending him or her incapable of giving consent (University of the Pacific).” Stalking, as well as the others mentioned is a type of victimization. Stalking is the “willful, malicious and repeated following of a person or harassing behaviors against another person, putting the person in reasonable fear for his or her personal safety, or the safety of his or her family (University of the Pacific).” This would include but not be limited to notes, mail, gifts, voicemail messages, text messages, internet and social networking sites. The use of any electronic or telecommunication, also known as cyber-stalking, to harass or convey a threat. Stalking may even fall under sexual misconduct in certain circumstances. Sexual Harassment, or “the unwelcome sexual conduct or behavior that creates an intimidating, hostile or offensive working or educational environment (University of the Pacific) is another type of victimization. As well as physical assault or battery, dating, relationship, or domestic Violence theft, and theft of harm are all types of victimization.
Role of Men and Women The role of women and men vary in victimization. Men and women tend to fear different types of victimization. “Fear of burglary and fear of murder are more strongly correlated among women than men, implying that women are more likely than men to view burglary as an event that may result in death (Warr).” Another example of a crime that figures prominently in the fears of women, but not men, is rape. “Rape is more feared than any other crime among younger women who view rape as approximately equal in seriousness to murder. And as the violent crime most likely to happen to them (Warr).” Men are often perceived as unable to be a victim. But, this old fashioned way of thinking isn’t the case. A victim is a victim no matter the gender, race, age, or any other feature that sets others apart. Theorizing patriarchy can also impact many female offenders. Theorizing patriarchy is defined as “males being the hegemonic group in society and they actively oppress women and demonstrate their dominance over women through various social control policies and practices (Mallicoat, 25)”. Because of theorizing patriarchy, women are not viewed as the lawbreakers. Women are often viewed on a masculine metric, and when this happens women tend to end up on the bottom of the scale. Our society continues to be male dominated and women often face greater challenges in the same situations as men. An example of the is the different sentences given to male and female offenders for the same crimes committed. This prejudice clearly demonstrates gender bias in our criminal justice system (Chesney-Lind, 2006). An article released in 1993 published information from a study taking place over 20 years, starting in 1972 to 1992. The article states “fear of crime, like criminal victimization itself, is not randomly distributed in our population. Two groups that consistently exhibit the greatest fear of victimization are women and the elderly (Warr).” They author used the 1993, GSS as an example. 55% of women reported that they were afraid to walk alone at night, versus 26% of men. Similarly, 54% of respondents aged 60 and above reported such fear compared to 38% of those under 30. The two groups that displayed the greatest level of fear, women and the elderly, are the groups with the lowest objective risk of victimization for most forms of crime. After more extensive research the study indicated that females and the elderly exhibit greater sensitivity to risk than males and the young.
Bias in published reports
The study itself seems to be another example of theorizing patriarchy. The study created a relative fear table of various crimes during 1983. The study asked a sample of Seattle residents how afraid they were about becoming a victim of a list of crimes in their everyday life. The crimes included break in while away from home, being raped, being hit by a drunk driver, break ins while home, having something taken from you by force, having strangers loiter near your home late at night, being threatened with a knife, gun, or club, having a group of juveniles disturb the peace near your home, being beaten up by a stranger, being murdered, having your car stolen, being cheated or conned out of your money, being approached from people begging for money, receiving an obscene phone call, being sold contaminated food, and being beaten up by someone you know. All are reasonable crimes that could happen in your everyday life. The participants were given these questions and ranked them from zero to ten of how afraid they would be in the case of these crimes taking place. Zero being not afraid at all and 10 being very afraid. They collected the mean of the answers the participants responded to into a table. The means varied from 5.9 to 1.0. But, a notably small asterisk was placed next to one certain crime. That crime happened to be rape. The asterisk then stated in the key that the question “how afraid are you of becoming a victim of rape in your everyday life (Warr)” was asked to females only.
This study is implying that only females can get raped, which is obviously completely false. If a published study that contains such prejudice is viewed as a reliable source, no wonder theorizing patriarchy is still prevalent today. This study is also a prime example of how victims of rape, sexual assault, and abusive relationships fail to identify themselves as victims of a crime or leave their relationship. Therefore, the victims would in turn fail to receive the help that would be beneficial to them and others affected.
Victims receiving help
Rape is a very sensitive subject and there are many reasons why victims fail to identify themselves. Some of the main reasons include the victim being subjected to disbelief, ostracizing and even blame. Many victims are faced with hostility from very powerful places that are mainly male dominated including schools, the authorities, and families of the accused.
Prevention efforts are valuable so the victim understands their rights and common indicators of emotional or physical abuse. Emotional abuse can often be identified by jealously, language choice, controlling statements, tone and threats. Physical abuse can be identified as violence, threatening body language, property damage or even violence during a sexual encounter. Programming and intervention are essential in combating this problem. The victim needs to learn about legal reform, be educated on their rights, options, and strategies to avoid violence. There are groups for victim protection and support, batterers intervention programs, lobbying and community education as well as child custody and family law issues. Family support is also key to recovery.
Restorative Justice
Restorative justice plays an extremely large role in responding to the needs of victims but what exactly is restorative justice?
Restorative justice repairs the harm caused by crime. Restorative justice doesn't just view the crime as breaking the law, they view the crime as having a detrimental harm on the victim, the victim's family and the community. A more formal definition according to the Center for Justice and Reconciliation, is “restorative Justice is a theory of justice that emphasizes repairing the harm caused by criminal behavior. It is best accomplished through cooperative processes that allow all willing stakeholders to meet, although other approaches are available when that is impossible. This can lead to transformation of people, relationships and communities (Center for Justice and
Reconciliation)”.
Restorative justice involves three main concepts with regard to these crimes. Offenders as well as their friends, can experience shame and guilt which are associated with being accused of a sexual crime or belong to the interpersonal relationship context from which the offense rose. Secondly, survivors and victims and secondary family and friends may suffer distress right along with the loved one.
Additionally, community members may experience less safety and social connection, when they feel high levels of crime and a low deterrence, yet who at the same time, may contributing to a climate of sexual violence.
Through the process of restorative justice, both the victim and the accused can actually meet face to face to work on a common solution or mediation. The offender and the victim may meet in order for both parties to express feelings and even come to an understanding of the effects and an opportunity to express what the crime has meant to the parties. The perpetrator may serve community service in lieu of jail time in an effort to right the wrong. This is of course, only if the victim or his or her agents agree to such a course of action.
This type of restorative justice would involve both parties in a mutual setting and may benefit the restoration of faith and even forgiveness in some cases. This process does require both the victim and the perpetrator in an agreement and in many cases this just isn't possible due to the nature of the crime. But in some cases it can prove very beneficial, cleansing and psychologically positive for both parties as a way of true healing and forgiveness.
There are other ways to deal with some of these crimes, which can lead to a better understanding of why they are committed in the first place and the role our society plays in our behaviors as a whole. Specifically, when it comes to sex, aggression and male dominance or control.
So why do crimes such as rape or sexual assault have such a large effect on victimization?
Rape is the most underreported crime in America and this could be because victims are potentially embarrassed or afraid to say that they have been raped or assaulted. In some cases, the victims have been harassed, slandered, and have gained unwanted attention. In many cases they are involved in costly lawsuits and people tend to avoid the victims to prevent any involvement or criticism themselves.
Previously the government did not provide the restorative justice to the victim that was needed. It wasn’t until the last two decades that significant changes improved the treatment of victims. These crimes, unlike other crimes carried a stigma, that is still around today. This stigma is what brings about the likelihood of victimization.
For example, if a victim of a crime was walking down the street at night and someone attempted to rob the individual, that individual would most likely report this crime to authority’s almost immediately. This is because they feel confident that the government can provide safety and justice for them.
Where as a rape victim wouldn’t report their crime for a variety of reasons including the idea that it was the victims fault they were raped. The victim may think that the way they dressed or acted could have played an effect and if they didn’t indulge in such behavior they wouldn’t get raped. This fear and self doubt plays a large role in the reporting of rapes. Victims also see that other victims didn’t receive the treatment and justice they needed so why bother reporting the crime? Then, these victims are forced to suffer alone as they are too afraid to share as they could receive backlash or simply be ashamed of what has happened to them.
Fear of victimization is the fear of becoming victim …show more content…
of a crime. The fear of victimization is similar for both men and women because, we all fear the idea of being a victim in a crime situation. But, men and women tend to fear different types of victimization.
Types of Victimization
As stated earlier, there are many different types of victimization. “Sexual misconduct, or any non-consensual sexual activity that is committed by force, fear, mental or physical prostration, including through the use of alcohol or drugs is a type of victimization (University of the Pacific).”
Rape is a type of victimization. Rape is the “sexual penetration of the victim’s vagina, mouth, or rectum without consent. Rape includes penetration with the use of force or fear, the threat of force or fear; or the sexual penetration of a person who is otherwise incapable of giving consent (University of the Pacific).” This includes circumstances where the individual is under the influence of drugs, alcohol, or other mind altering products. The condition or state of the victim was or should have sensibly been known to the accused. Another type of victimization is sexual touching or otherwise known as sexual battery. Sexual battery, is “the act of making unwelcome and sexually aggressive contact whether that be clothed or unclothed, with an intimate body part of another person (University of the Pacific).” This act, would cause instantaneous uneasiness that sexual touch will occur. Additionally, sexual exploitation falls under the category of victimization. “Sexual exploitation is the taking advantage of a non-consenting person or situation for personal benefit or gratification or for the benefit of anyone other than the alleged victim; and the behavior does not constitute rape, sexual touching or sexual harassment. Sexual exploitation includes, but is not limited to photographing or making audio or video recordings of sexual activity without consent; dissemination of images or recordings without consent of the participant; allowing others to observe sexual activity without the knowledge or consent of the partner; Voyeurism (peeping tom); knowingly transmitting a sexually transmitted infection or HIV to another; prostituting another person; giving alcohol or other drugs to another with the intention of rending him or her incapable of giving consent (University of the Pacific).” Stalking, as well as the others mentioned is a type of victimization. Stalking is the “willful, malicious and repeated following of a person or harassing behaviors against another person, putting the person in reasonable fear for his or her personal safety, or the safety of his or her family (University of the Pacific).” This would include but not be limited to notes, mail, gifts, voicemail messages, text messages, internet and social networking sites. The use of any electronic or telecommunication, also known as cyber-stalking, to harass or convey a threat. Stalking may even fall under sexual misconduct in certain circumstances. Sexual Harassment, or “the unwelcome sexual conduct or behavior that creates an intimidating, hostile or offensive working or educational environment (University of the Pacific) is another type of victimization. As well as physical assault or battery, dating, relationship, or domestic Violence theft, and theft of harm are all types of victimization.
Role of Men and Women The role of women and men vary in victimization. Men and women tend to fear different types of victimization. “Fear of burglary and fear of murder are more strongly correlated among women than men, implying that women are more likely than men to view burglary as an event that may result in death (Warr).” Another example of a crime that figures prominently in the fears of women, but not men, is rape. “Rape is more feared than any other crime among younger women who view rape as approximately equal in seriousness to murder. And as the violent crime most likely to happen to them (Warr).” Men are often perceived as unable to be a victim. But, this old fashioned way of thinking isn’t the case. A victim is a victim no matter the gender, race, age, or any other feature that sets others apart. Theorizing patriarchy can also impact many female offenders. Theorizing patriarchy is defined as “males being the hegemonic group in society and they actively oppress women and demonstrate their dominance over women through various social control policies and practices (Mallicoat, 25)”. Because of theorizing patriarchy, women are not viewed as the lawbreakers. Women are often viewed on a masculine metric, and when this happens women tend to end up on the bottom of the scale. Our society continues to be male dominated and women often face greater challenges in the same situations as men. An example of the is the different sentences given to male and female offenders for the same crimes committed. This prejudice clearly demonstrates gender bias in our criminal justice system (Chesney-Lind, 2006). An article released in 1993 published information from a study taking place over 20 years, starting in 1972 to 1992. The article states “fear of crime, like criminal victimization itself, is not randomly distributed in our population. Two groups that consistently exhibit the greatest fear of victimization are women and the elderly (Warr).” They author used the 1993, GSS as an example. 55% of women reported that they were afraid to walk alone at night, versus 26% of men. Similarly, 54% of respondents aged 60 and above reported such fear compared to 38% of those under 30. The two groups that displayed the greatest level of fear, women and the elderly, are the groups with the lowest objective risk of victimization for most forms of crime. After more extensive research the study indicated that females and the elderly exhibit greater sensitivity to risk than males and the young.
Bias in published reports
The study itself seems to be another example of theorizing patriarchy. The study created a relative fear table of various crimes during 1983. The study asked a sample of Seattle residents how afraid they were about becoming a victim of a list of crimes in their everyday life. The crimes included break in while away from home, being raped, being hit by a drunk driver, break ins while home, having something taken from you by force, having strangers loiter near your home late at night, being threatened with a knife, gun, or club, having a group of juveniles disturb the peace near your home, being beaten up by a stranger, being murdered, having your car stolen, being cheated or conned out of your money, being approached from people begging for money, receiving an obscene phone call, being sold contaminated food, and being beaten up by someone you know. All are reasonable crimes that could happen in your everyday life. The participants were given these questions and ranked them from zero to ten of how afraid they would be in the case of these crimes taking place. Zero being not afraid at all and 10 being very afraid. They collected the mean of the answers the participants responded to into a table. The means varied from 5.9 to 1.0. But, a notably small asterisk was placed next to one certain crime. That crime happened to be rape. The asterisk then stated in the key that the question “how afraid are you of becoming a victim of rape in your everyday life (Warr)” was asked to females only.
This study is implying that only females can get raped, which is obviously completely false. If a published study that contains such prejudice is viewed as a reliable source, no wonder theorizing patriarchy is still prevalent today. This study is also a prime example of how victims of rape, sexual assault, and abusive relationships fail to identify themselves as victims of a crime or leave their relationship. Therefore, the victims would in turn fail to receive the help that would be beneficial to them and others affected.
Victims receiving help
Rape is a very sensitive subject and there are many reasons why victims fail to identify themselves. Some of the main reasons include the victim being subjected to disbelief, ostracizing and even blame. Many victims are faced with hostility from very powerful places that are mainly male dominated including schools, the authorities, and families of the accused.
Prevention efforts are valuable so the victim understands their rights and common indicators of emotional or physical abuse. Emotional abuse can often be identified by jealously, language choice, controlling statements, tone and threats. Physical abuse can be identified as violence, threatening body language, property damage or even violence during a sexual encounter. Programming and intervention are essential in combating this problem. The victim needs to learn about legal reform, be educated on their rights, options, and strategies to avoid violence. There are groups for victim protection and support, batterers intervention programs, lobbying and community education as well as child custody and family law issues. Family support is also key to recovery.
Restorative Justice
Restorative justice plays an extremely large role in responding to the needs of victims but what exactly is restorative justice?
Restorative justice repairs the harm caused by crime. Restorative justice doesn't just view the crime as breaking the law, they view the crime as having a detrimental harm on the victim, the victim's family and the community. A more formal definition according to the Center for Justice and Reconciliation, is “restorative Justice is a theory of justice that emphasizes repairing the harm caused by criminal behavior. It is best accomplished through cooperative processes that allow all willing stakeholders to meet, although other approaches are available when that is impossible. This can lead to transformation of people, relationships and communities (Center for Justice and
Reconciliation)”.
Restorative justice involves three main concepts with regard to these crimes. Offenders as well as their friends, can experience shame and guilt which are associated with being accused of a sexual crime or belong to the interpersonal relationship context from which the offense rose. Secondly, survivors and victims and secondary family and friends may suffer distress right along with the loved one.
Additionally, community members may experience less safety and social connection, when they feel high levels of crime and a low deterrence, yet who at the same time, may contributing to a climate of sexual violence.
Through the process of restorative justice, both the victim and the accused can actually meet face to face to work on a common solution or mediation. The offender and the victim may meet in order for both parties to express feelings and even come to an understanding of the effects and an opportunity to express what the crime has meant to the parties. The perpetrator may serve community service in lieu of jail time in an effort to right the wrong. This is of course, only if the victim or his or her agents agree to such a course of action.
This type of restorative justice would involve both parties in a mutual setting and may benefit the restoration of faith and even forgiveness in some cases. This process does require both the victim and the perpetrator in an agreement and in many cases this just isn't possible due to the nature of the crime. But in some cases it can prove very beneficial, cleansing and psychologically positive for both parties as a way of true healing and forgiveness.
There are other ways to deal with some of these crimes, which can lead to a better understanding of why they are committed in the first place and the role our society plays in our behaviors as a whole. Specifically, when it comes to sex, aggression and male dominance or control.
So why do crimes such as rape or sexual assault have such a large effect on victimization?
Rape is the most underreported crime in America and this could be because victims are potentially embarrassed or afraid to say that they have been raped or assaulted. In some cases, the victims have been harassed, slandered, and have gained unwanted attention. In many cases they are involved in costly lawsuits and people tend to avoid the victims to prevent any involvement or criticism themselves.
Previously the government did not provide the restorative justice to the victim that was needed. It wasn’t until the last two decades that significant changes improved the treatment of victims. These crimes, unlike other crimes carried a stigma, that is still around today. This stigma is what brings about the likelihood of victimization.
For example, if a victim of a crime was walking down the street at night and someone attempted to rob the individual, that individual would most likely report this crime to authority’s almost immediately. This is because they feel confident that the government can provide safety and justice for them.
Where as a rape victim wouldn’t report their crime for a variety of reasons including the idea that it was the victims fault they were raped. The victim may think that the way they dressed or acted could have played an effect and if they didn’t indulge in such behavior they wouldn’t get raped. This fear and self doubt plays a large role in the reporting of rapes. Victims also see that other victims didn’t receive the treatment and justice they needed so why bother reporting the crime? Then, these victims are forced to suffer alone as they are too afraid to share as they could receive backlash or simply be ashamed of what has happened to them.