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CRIM

The document discusses human behavior, emphasizing its complexity and the various views that explain it, including neurological, behavioral, cognitive, psychoanalytical, and humanistic perspectives. It categorizes behavior into inherited and learned types, outlines factors influencing behavior, and describes personality traits that affect human actions. Additionally, it covers frustration, coping mechanisms, normal and abnormal behaviors, and various behavioral disorders, including psychosomatic disorders, neuroses, anxiety disorders, somatoform disorders, dissociative disorders, and personality disorders.

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Cecilia Peji
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0% found this document useful (0 votes)
3 views

CRIM

The document discusses human behavior, emphasizing its complexity and the various views that explain it, including neurological, behavioral, cognitive, psychoanalytical, and humanistic perspectives. It categorizes behavior into inherited and learned types, outlines factors influencing behavior, and describes personality traits that affect human actions. Additionally, it covers frustration, coping mechanisms, normal and abnormal behaviors, and various behavioral disorders, including psychosomatic disorders, neuroses, anxiety disorders, somatoform disorders, dissociative disorders, and personality disorders.

Uploaded by

Cecilia Peji
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as DOCX, PDF, TXT or read online on Scribd
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HUMAN BEHAVIOR AND VICTIMOLOGY

Human Behavior
- anything an individual does that involves self-initiated action and/or reaction
to a given situation.
- the sum total of man's reaction to his environment or the way human beings
act

Human Beings
Human beings are intelligent social animals with the mental capacity to
comprehend, infer and think in rational ways.

Views in Human Behavior


1. Neurological View – deals with human actions in relation to events taking place inside
the body such as the brain and the nervous system.
2. Behavioral View – emphasizes on external functions of the human being that can be
observed and measured.
3. Cognitive View – it is concerned with the way the brain processes and transforms
information into various ways.
4. Psychoanalytical View – emphasizes unconscious motives that originate from
aggressive impulses in childhood.
5. Humanistic View – focuses on the subject’s experience, freedom of choice and
motivation toward self-actualization.

Two Basic Types of Behavior


1. Inherited (Inborn) behavior – refers to any behavioral reactions or reflexes
exhibited by people because of their inherited capabilities or the process of
natural selection.
2. Learned (Operant) behavior – involves knowing or adaptation that enhances
human beings’ ability to cope with changes in the environment in ways which
improve the chances of survival.
Learned behavior may be acquired through environment or training.

Classifications of Human Behavior


 Habitual – refers to motorized behavior usually manifested in language and
emotion.
 Instinctive – are generally unlearned and simply comes out of man’s instinct
which can be seen among instinct-instinct survival behaviors.
 Symbolic – are behaviors that are usually carried out by means of unsaid words
and shown through symbols or body signs.
 Complex – are those behaviors that combine two or more of the classified ones.

Causes of Human Behavior


 Sensation – is the feeling or impression created by a given stimulus or cause
that leads to a particular reaction or behavior.
Human Senses:
a. Visual – sight
b. Olfactory – smell
c. Cutaneous – touch
d. Auditory – hearing
e. Gustatory – taste

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 Perception – refers to the person’s knowledge of a given stimulus which largely
help to determine the actual behavioral response in a given situation
 Awareness – refers to the psychological activity based on interpretation of past
experiences with a given stimulus or object.

Factors that affect Human Behavior


 Heredity – it is the passing of traits to offspring (from its parent or ancestors).
This is the process by which an offspring cell or organism acquires or becomes
predisposed to the characteristics of its parent cell or organism.
 Environment – refers to surroundings of an object. It consists of conditions and
factors that surround and influence behavioral pattern.
 Learning – is the process by which an individual’s behavior changes as a result
of experience or practice.

Personality Traits that Affect Human Behavior


1. Extroversion – characterized by interests directed toward the external environment of
people and things rather than toward inner experiences and oneself.
2. Introversion – characterized by direction of interest toward oneself and one’s inner
world of experiences. Introverts, in contrast, tend to be more reserved, less outgoing,
and less sociable.
3. Ambiversion – is a balance of extrovert and introvert characteristics. An ambivert is
normally comfortable with groups and enjoys social interaction, but also relishes time
alone and away from the crowd.
4. Neuroticism – persons high in neuroticism react intensely and are generally moody,
touchy, depressed, sensitive and anxious or nervous. They respond more poorly to
environmental stress, and are more likely to interpret ordinary situations as threatening,
and minor frustrations as hopelessly difficult.
5. Psychoticism – is characterized by cold cruelty, social insensitivity, disregard for
danger, troublesome behavior, dislike of others and an attraction towards unusual. A
person high on psychoticism tends to be impulsive, aggressive individual without
appreciable concern for others.

Frustration in Human Behavior


Frustration refers to the situation which blocks the individual’s motivated behavior.
Sustained frustration may be characterized by anxiety, irritability, fatigue or depression.

Three Basic Forms of Conflict


1. Approach-Avoidance Conflict - occurs when an individual moves closer to a
seemingly desirable object, only to have the potentially negative consequences of
contacting that object push back against the closing behavior.
2. Approach-Approach Conflict - This is a conflict resulting from the necessity of
choosing between two desirable alternatives. There are usually two desirable things
wanted, but only one option can be chosen.
3. Avoidance-Avoidance Conflict - This form of conflict involves two undesirable or
unattractive alternatives where a person has to decide of choosing one of the
undesirable things.

Coping Mechanism
It is defined as the way people react to frustration. People differ in the way they
react to frustration. This could be attributed to individual differences and the way people
prepared in the developmental task they faced during the early stages of their life.

Frustration Tolerance

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It is the ability to withstand frustration without developing inadequate modes of
response such as being emotionally depressed or irritated, becoming neurotic, or
becoming aggressive.

Broad Reactions to Frustration


 Fight – is manifested by fighting the problem in a constructive and direct way by
means of breaking down the obstacles preventing the person reaching his goals.
 Flight – it can be manifested by sulking, retreating, becoming indifferent and
giving up.

Different Types of Reaction to Frustration


 Direct approach - can be seen among people who handle their problems in a
very objective way. They identify first the problem, look for the most practical and
handy way to solve it, and proceeded with the constructive manner of utilizing the
solution which will produce the best results.
 Detour - when an individual realizes that in finding for the right solution of the
problem, he always end up with a negative outcome or result. Thus, he tries to
make a detour or change direction first and find out if the solution or remedy is
there.
 Substitution - most of time are resulted to in handling frustration when an
original plan intended to solve the problem did not produce the intended result,
thus the most practical way to face the problem, is to look for most possible or
alternative means.
 Withdrawal or retreat - is corresponding to running away from the problem or
flight which to some is the safest way.
 Developing feeling of inferiority - comes when a person is unable to hold on to
any solution which gives a positive result. Being discourage to go on working for
a way to handle a frustration could result to diminishing self-confidence, until the
time when inferiority complex sets in.
 Aggression - is a negative outcome of a person's inability to handle frustration
rightly. Manifestation in physical behavior can be observed in one's negative
attitudes towards life both in the personal and professional aspect.
 Use of Defense Mechanism – is the most tolerated way of handling frustration.
It is a man’s last result when a person attempts to overcome fear from an
anticipated situation or event.
Defense Mechanism – is an unconscious psychological process that serves as safety
valve that provides relief from emotional conflict and anxiety.

Common Defense Mechanisms


 Displacement - strong emotion, such as anger, is displaced onto another person
or object as the recipient of said emotion (anger), rather than being focused on
the person or object which originally was the cause of said emotion.
 Rationalization - is the defense mechanism that enables individuals to justify
their behavior to themselves and others by making excuses or formulating
fictitious, socially approved arguments to convince themselves and others that
their behavior is logical and acceptable
 Compensation - is the psychological defense mechanism through which people
attempt to overcome the anxiety associated with feelings of inferiority and
inadequacy in one is of personality or body image, by concentrating on another
area where they can excel.
 Projection - manifest feelings and ideas which are unacceptable to the ego or
the superego and are projected onto others so that they seem to have these
feelings or ideas, which free the individual from the guilt and anxiety associated
with them.

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 Reaction formation - is defined as the development of a trait or traits which are
the opposite of tendencies that we do not want to recognize. The person is
motivated to act in a certain way, but behaves in the opposite way. Consequently,
he is able to keep his urges and impulses under control.
 Denial – when a person uses this, he refuses to recognize and deal with reality
because of strong inner needs.
 Repression – is unconscious process whereby unacceptable urges or painful
traumatic experiences are completely prevented from entering consciousness.
 Suppression - which is sometimes confused with that of repression, is a
conscious activity by which an individual attempts to forget emotionally disturbing
thoughts and experiences by pushing them out of his mind.
 Identification - an individual seeks to overcome his own feelings of inadequacy,
loneliness, or inferiority by taking on the characteristics of someone who is
important to him.
An example is a child who identifies with his parents who are seen as models of
intelligence, strength and competence
 Substitution - through this defense mechanism, the individual seeks to
overcome feelings of frustration and anxiety by achieving alternate goals and
gratifications.
 Fantasy - this is resulted to whenever unfulfilled ambitions and unconscious
drives do not materialize.
 Regression – a person reverts to a pattern of feeling, thinking or behavior which
was appropriate to an earlier stage of development.
 Sublimation – is the process by which instinctual drives which consciously
unacceptable are diverted into personally and socially accepted channels. It is a
positive and constructive mechanism for defending against own unacceptable
impulses and needs.

Normal Behavior
This refers to a lack of significant deviation from the average. Another possible
definition is that "a normal" is someone who conforms to the predominant behavior in a
society.
Social norms – rules that a group uses for appropriate and inappropriate values,
beliefs, attitudes and behaviors.

Abnormal Behavior
Literally means "away from the normal". It implies deviation from some clearly
defined norm. In the case of physical illness, the norm is the structural and functional
integrity of the body.

BEHAVIORAL DISORDERS
I. PSYCHOSOMATIC DISORDER
A disorder in which the physical illness is considered to be highly associated with
emotional factors. The individual may not perceive that his emotional state is contributing
to his physical illness.

II. NEUROSIS
Neurosis is a class of functional mental disorders involving distress but neither
delusions nor hallucinations, whereby behavior is not outside socially acceptable norms.
The distinguishing feature of neurosis is a sustained characteristic of showing anxiety,
fear, endless troubles that carries significant aspects of the individual’s life.

III. ANXIETY DISORDERS

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Anxiety disorders are blanket terms covering several different forms of
abnormal and pathological fear and anxiety. People experience excessive levels of the
kind of negative emotions that we identify as being nervous, tense, worried, scared, and
anxious. These terms all refer to anxiety.

 Forms of Anxiety
A. Phobias
This is an intense, unrealistic fear. In this case, anxiety is focused so intensely on
some objects or situations that the individual is acutely uncomfortable around it and will
often go to great pain to avoid it.
 TYPES OF PHOBIAS
 Acrophobia - high places
 Agoraphobia - open spaces and market places
 Malgophobia - pain
 Astraphobia - storms, thunder, and lightning
 Gynophobia – fear of dogs
 Claustrophobia - closed places
 Hematophobia - blood
 Mysophobia - contamination or germs
 Monophobia - being alone
 Nyctophobia - darkness
 Ochlophobia - crowds
 Hydrophobia - water
 Pathophobia - disease
 Pyrophobia - fire
 Syphilophobia - syphilis
 Zoophobia - animals or some particular animals

B. Obsessive-Compulsive Disorders
1. Obsession – This is an anxiety provoking thoughts that will not go away. Thoughts
and impulses which occur in the person’s mind despite attempts to keep them out. They
seem uncontrollable, as if they do not belong to the individual's mind.
2. Compulsion – It is an urge wherein a person is compelled to perform some actions
against his free will and with duress as a result of external factors. This is an irresistible
urge to engage in certain pattern of behavior.
EXAMPLES OF COMPULSION
1. Arithomania – the impulse to count anything.
2. Dipsomania – the impulse to drink liquor.
3. Homicidal mania – the impulse to kill.
4. Kleptomania – the impulse to steal.
5. Megalomania – the impulse for fame or power.
6. Pyromania – the impulse to set fire.
7. Suicidal mania – the impulse to take one’s life.

IV. SOMATOFORM DISORDERS


"Soma" means body, and somatoform disorders involve a neurotic pattern in
which the individuals complain of bodily symptoms that suggest the presence of a
physical problem, but for which no organic basis can be found. Such individuals are
typically preoccupied with their state of health and with various presumed disorders or
diseases of bodily organs.

Three Distinct Somatoform Patterns


1. Somatization Disorder
This is an intensely and chronically uncomfortable condition that indirectly
creates a high risk of medical complications. It takes the form of chronic and recurrent

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aches, pains, fever, tiredness and other symptoms to bodily illness. Individuals frequently
experience memory difficulties, problems with walking, numbness, block-out spells,
nausea, menstrual problems and a lack of pleasure from sex.
2. Conversion Disorders and Somatoform Pain Disorders
 Conversion disorders – are somatoform disorders in which individuals
experience serious somatic symptoms such as functional blindness, deafness,
paralysis, fainting, seizures, inability to speak or other serious impairments in the
absence of any physical cause.
 Somatoform pain disorders – are somatoform disorders in which the individual
experiences a relatively specific and chronic pain that has a psychological rather
than physical cause. It is very similar to conversion disorders except that the
primary symptom is pain that has no physical cause.
3. Dissociative Disorders
This covers a broad category of loosely related rare conditions involving sudden
alterations in cognition, characterized by change in memory, perceptions or "identity".
 defined as conditions that involve disruptions or breakdowns of memory,
awareness, identity and/or perception.

Types of Dissociative Disorders


a. Amnesia – This refers to loss of memory that can have either physical or
psychological cause. It most often occurs after a period of intense stress and involves
loss of memory for all or part of the stressful experience itself.
b. Psychogenic Fugue State – This resembles amnesia in that there is a loss of memory
but the loss is so complete that the individuals cannot remember his or her identity or
previous life.
c. Depersonalization – This refers to experiences in which the individual feels that he or
she has become distorted or "unreal" or that distortions have occurred in one's
surroundings. One might feel that she is a real robot - even though she knows she is a
real person - or that her room is not real or that her parents are not real people.
d. Multiple Personality – This is a dissociative disorder in which the individual shifts
abruptly and repeatedly from one personality to another as if more than one person were
inhabiting the same body. This is commonly known as "split personality disorder."

V. PERSONALITY DISORDERS
Personality disorders, formerly referred to as character disorders, are a
class of personality types and behaviors defined as “an enduring pattern of inner
experience and behavior that deviates markedly from the expectations of the culture of
the individual who exhibits it”. This category includes those individuals who begin to
develop a maladaptive behavior pattern early in childhood as a result of family, social,
and cultural influences.

Types of Personality Disorders


1. Paranoid Personality – This is characterized by suspiciousness, hypersensitivity,
rigidity, envy, excessive self-importance, and argumentativeness plus a tendency to
blame others for one's own mistakes and failures and to ascribe evil motives to others.
2. Schizoid Personality – Individuals with this personality disorder neither deserve nor
enjoy close relationship. They live a solitary life with little interest in developing
friendships. They exhibit emotional coldness, detachment, or a constricted affect.
- characterized by a lack of interest in social relationships, a tendency towards a solitary
lifestyle, secretiveness, and emotional coldness.
3. Schizotypal Personality – Individuals with this type of personality disorder exhibit
odd behaviors based on a belief in magic or superstition and may report unusual
perceptual experiences.

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4. Histrionic Personality – this is characterized by attempt to be the center of attention
through the use of theatrical and self-dramatizing behavior. Sexual adjustment is poor
and interpersonal relationships are stormy.
 characterized by excessive emotionality and attention-seeking, including an
excessive need for approval and inappropriate seductiveness, usually beginning
in early adulthood.
5. Narcissistic Personality – Individuals with this type of personality have a pervasive
sense of self-importance.
A disorder and its derivatives can be caused by excessive praise and criticism in
childhood, particularly that from parental figures.
6. Antisocial Personality – This is characterized by a lifelong history of inability to
conform to social norms. They are irritable and aggressive" and may have repeated
physical fights. These individuals also have a high prevalence of morbid substance
abuse disorders.
7. Borderline Personality – This is characterized by instability, reflected in drastic mood
shifts and behavior problems. Individuals with this type of personality are acutely
sensitive to real or imagined abandonment and have a pattern of repeated unstable but
intense interpersonal relationships that alternate between extreme idealization and
devaluation. Such individuals may abuse substances or food, or be sexually
promiscuous.
8. Avoidant Personality – Individuals with this personality are fearful of becoming
involved with people because of excessive fears of criticism or rejection.
9. Dependent Personality – This is characterized by inability to make even daily
decisions without excessive advice and reassurance from others and needs others to
assume responsibility for most major areas of his or her life.
10. Compulsive Personality – This is characterized by excessive concern with rules,
order efficiency, and work coupled with insistence that everyone do things their way and
an inability to express warm feelings.
11. Passive-Aggressive Personality – The individual with personality disorder is
usually found to have overindulged in many things during the early years to the extent
that the person comes to anticipate that his needs will always be met and gratified.

VI. AFFECTIVE DISORDERS


The term affect is roughly equivalent to emotion or to mood. The affective
disorders are mood disorders in which extreme and inappropriate levels of mood
– characterized by periods of depression or elation or both.
- A manic-depressive psychosis

VII. SCHIZOPHRENIA
- a psychotic condition marked by withdrawal from reality, indifference concerning
everyday problems, and tendency to live in a world of fantasy.
- formerly called dementia praecox by Emil Kreaplin, a German psychiatrist.
- the term schizophrenia was given by Eugene Bleuler which literally means “splitting of
minds”.

Types of Schizophrenia
 Simple Schizophrenia – is characterized by a gradual decline of interest and
ambition. The person withdraws from social contacts as well as irritable and
inattentive.
 Paranoid Schizophrenia – is characterized principally by delusions of
persecutions and/or grandeur. Hallucinations, usually auditory, are most of time
present.
 Hebephrenic Schizophrenia – manifests severe integration of personality and can
be observed through inappropriate giggling and smiling without apparent reasons
which to an untrained observer may only be childish playfulness.

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 Catatonic Schizophrenia – manifests extreme violence and shown with excessive
motor activity, grimacing, talkativeness and unpredictable emotional outburst.

VIII. PARANOIA
Paranoia refers to cases showing delusions and impaired contact with reality but
without the severe personality disorganization characteristic of schizophrenia.
- The main symptom is characterized by suspicion

COMMON TYPES OF PARANOIA


1. Persecutory Paranoia – having delusions of persecution.
2. Litigious Paranoia – both delusions of persecution and grandeur
3. Erotic Paranoia – delusion that a certain person is in love with him or her.
4. Exalted Paranoia – with great power of importance.
5. Jealous Paranoia – characterized by irrational jealousy.

Copycat Crime
Copycat crime is crime inspired by another crime that has been publicized in the
news media or fictionally or artistically represented in which the offender incorporates
aspects of the original offense.

SEXUAL DEVIANCY
A sexual act that seeks gratification by means other than heterosexual
relationship.
HETEROSEXUALITY – normal sexual relationship between members of the opposite
sex which could lead to reproduction.

TYPES OF SEXUAL DEVIANCY


 Homosexuality
- sexual desire towards the same sex
 Transvestitism
- obtaining sexual gratification by wearing the clothes of the opposite sex.
 Voyeurism
- obtaining sexual pleasure by watching the members of the opposite sex
undressing or engaging in sexual activities.
 Exhibitionism - obtaining pleasure by exposing one’s genitals to others.
 Fetishism - obtaining sexual gratification primarily and exclusively from specific
objects.
 Sadism – by inflicting pain to others
 Masochism – by inflicting pain upon themselves .
 Sodomy – sexual act through the anus of another human being.
 Froilism – a form of sexual perversion in which three (3) persons are
participating in sexual act.
 Pluralism – a group participates in sexual orgies (sexual festival).
 Cunnilingus – licking of woman’s genitals
 Fellatio – sucking the penis
 Pedophilia – obtaining pleasure from sexual contact with children.
 Incest – sexual relations between persons related by blood.
 Bestiality – sexual intercourse with a living animal.
 Necrophilia – desire to engage in sexual intercourse with a dead body.

VICTIMOLOGY

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✓ A study pioneered by Benjamin Mendelsohn and Hans Von Hentig (The Fathers of
Victimology).
✓ This refers to the study which answers the contribution of victims themselves to their
vulnerability for being a victim or being aggravated with the crime.
✓ The blame here is focused on the victims.

WHO ARE VICTIMS?

According to the UN Declaration, victims are those persons who individually or


collectively suffered harm including physical, mental injury, emotional suffering,
economic loss, or substantial impairment of their fundamental rights; through acts or
omissions that are in violations of criminal law.

WHAT IS THE SCOPE OF VICTIMOLOGY?

This covers the study from the a) cause of victimization, including the relationship
between victims and the offender up to b) interaction of victims with the pillar of the
criminal justice system (victim assistance)

WHY STUDY VICTIMOLOGY?

According to Benjamin Mendelsohn;


✓ the victim has contributed to criminal cases.
✓ the victims also have “unconsciousness aptitude for being victimized”, meaning they
are being aggravated with the crime because of their own characteristics and attributes
that they may not know.

ESSENCE OF HUMAN BEHAVIOR WITH VICTIMOLOGY

According to Yet Cristie (1986), the vulnerability of a victim can be traced through their
own attributes or character. It is said the qualities of an individual define their behavior
thus, human behavior will help define why they are vulnerable to being victimized.

VICTIMIZATION THEORIES

1. Victim Precipitation Theory

✓ Pioneered by Marvin Wolfgang.


✓ This is the first recognized theory of victimization which implies a victim-offender
relationship.
✓ It explains that perpetrator and victim have reciprocal action (Von Hentig 1940:303)
wherein victims act in a way that pushes them with being vulnerable of being
aggravated with crimes.

2. Routine Activity Theory

✓ Pioneered by Cohen and Felson.


✓ This is the second recognized theory of victimization.
✓ This theory predicts the potentials of victimization through the existence of the
following elements: a) Motivated offender; b) suitable target; and c) Absence of capable
guardian.

3. Lifestyle Theory

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✓ Pioneered by Michael Gottfredson and Rafaelle Garofalo.
✓ This theory explains that victims are being victimized due to their own patterns of daily
activities.
✓ This is also referred to as personal victimization (Manwong, 2008)
Ex.1 Women drinking alcohol frequently are more likely to be a victim of sexual abuse
Ex.2 People who belong to a group of drug users are at high risk of victimization, the
more they are exposed to street life, the greater their risk of becoming a victim.

4. Victim Facilitation Theory

✓ This points out that victimization happens when victims unconsciously, or by


negligence, create an opportunity for offenders to accomplish the crime. ✓ It came from
the term itself, “Victim Facilitation”, meaning the victim is the one who facilitated or
organized the situation of being victimized.
Ex. A man who forgot to close the door of his car as he went inside their house had
been victimized by theft.
5. Deviant Place Theory

✓ This is a theory pointing out that people become vulnerable to being victimized as they
live in a socially disorganized place wherein, they may get closer to criminal offenders.
What is a socially disorganized place?
✓ According to Shawn and Mckay, a socially disorganized place refers to a place that
lacks a social institution that controls the community such as family, schools, and
businesses.
✓ This greatly contributes to poverty and crime.
✓ Ex. A woman living in a squatter area is more likely for victimization.

HENTIG’S GENERAL CLASSES OF VICTIMS

1. The Female victim- those being victimized because of weakness in physical strength
thus can be easily overpowered by men.
2. The mentally defective- those vulnerable by being irrational or having inadequate clear
thinking.
3. The Old- those less in physical power and the common object of confidence scheme.
4. The Young- those weak because of age and immaturity
5. The Immigrant- those who are unsure of the rules of conduct in the surrounding
society 6. The Acquisitive or Greedy- those being victimized for their desire to acquire
more things of their benefit.
7. The Depressed- those being victimized because of being submissive during emotional
disturbance.
8. The Heartbroken- those being victimized because of emotional disturbance.
9. The Lonesome- those harmed because of affection or being after for companionship.
10. The Wanton/Overly sensual- those ruled by their pleasure-seeking personality.
11. The Tormentor- those whose victimization is their own desire.

MENDELSOHN’S CLASSIFICATION OF VICTIMS

Benjamin Mendelsohn, who is an attorney, became interested in conducting interviews


with victims. He classified them based on the reasons for their victimization:

1. The Completely innocent victims – victims who bear no responsibility for being
victimized. Those due to lacking awareness such as being a child.
2. Victim as guilty as offender/Voluntary Victims – those victims who usually engaged
with suicide.

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3. Victims with only minor guilt /those victimized due to ignorance – those victimized
because of unintentionally or carelessly placing themselves to harm.
E.g. person that continues to go to a bar that is known for nightly assault.
4. The Victim is guiltier than the offender – this category was described as containing
persons who provoked their own victimization.

VICTIMIZATION AND THE PILLARS OF THE CRIMINAL JUSTICE SYSTEM

The Pillars of Criminal Justice System and their roles with assisting Victims of Crimes
The roles of the Pillars of Criminal Justice system are not just limited to the offenders,
but also with the victims. The following enumerates the function of each with
Victimization:

1. Law Enforcement and Victimization


The following are the important services of Law Enforcement to the Victims: ✓ Get an
initial interview with the victim
✓ Giving psychological first aid and all other immediate assistance needed by the victim
as it faces the Law enforcer
✓ Inform the victim of their rights
✓ Introduce them the investigation process and the compensations that they can only
acquire
✓ Secure the victim’s property if its condition is in the effect of crime will affect the safety
of the victim
✓ Refer victims to agencies that can provide immediate assistance or other needed
services for the victims.
✓ Assure that the assistance asked for the victim is received.

2. Prosecution and Victimization


The following are the important services of Prosecution to the Victims:
✓ Inform and update the victim with the status of the case
✓ Accompany the victim with attending to court proceedings
✓ Obtain Victim Impact Statement
✓ Refer the victims with appropriate victim assistance and victim compensation
programs
✓ Assistance in Plea bargaining

3. Court and Victimization


The following are the important services of the Court to the Victims:
✓ Provision of protection that is based on the type of victim. E.g. Child victims, rape
victims
✓ Intervene with the motion of the defense party as it offends the victim ✓ Evaluate the
Victim Impact Statement obtained from the prosecution, probation office any other
credible sources to assess and finalize injuries and restitutions needed by the victim.

4. Correction and Victimization


The following are the important services of the Court to the Victims:
✓ Collate victim information such as Victim Impact Statements and protection orders.
This would be included with the offender’s file
✓ Inform the victims of the status of the offender with such cases as an escape, death,
current location, classification, and potential release death.
✓ Establish and monitor victim/offender programming like
a)Victim Impact Panels;

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b)Victim/offender mediation or conciliation; or
c)Impact of Crime on Victims programs ✓ Inform/refer victims for assistance, if needed
✓ Assure that rights and services to victims of crime are delivered

5. Other Allied Professionals


A. Medical personnel
✓ Provision of assistance to the victim who acquired injury. As well as documentation
and reporting of the victim’s condition would be needed. B. Mental health professionals
✓ Treating victims especially those who are assessed experiences trauma in the effect
of crime
✓ Testify the impact of victimization if needed upon trial
C. Child protection officials
✓ Assist those children that are victims of child abuse.

Cases Incurring Specialized Approaches and Assistance to Victimization

1. VICTIMS OF RAPE
✓ The Law that is specialized for assisting and protecting Rape Victims in the
Philippines is the Republic Act 8505 known as the “Rape Victim Assistance and
Protection Act of 1998”. Aside from enlisting assisting approaches, this also established
the Rape Crisis Center.

What is Rape Crisis Center?


✓ This is established for the purpose of assisting and protecting rape victims upon
recovery. According to the law, this should be established in a hospital or health clinic of
every province and city by the ff. agencies:
A. Department of Social Welfare and Development (DSWD)- the lead agency operating
Rape Crisis Center
B. Department of Health (DOH)
C. Department of Interior and Local Government (DILG)
D. Department of Justice (DOJ)
E. NGOs that can handle sexual abuse cases
Following are the services offered by Rape Crisis Center (RA 8505, Sec.3)
1. Providing rape victims with psychological counseling, medical and health services,
including their medico-legal examination
2. Securing free legal assistance or service, when necessary, for rape victims
3. Assisting rape victims in the investigation to hasten the arrest of offenders and the
filing of cases in court;
4. Ensuring the privacy and safety of rape victims
5. Providing psychological counseling and medical services whenever necessary for the
family of rape victims
6. Developing and undertaking a training program for law enforcement officers, public
prosecutors, lawyers, medico-legal officers, social workers, and barangay officials on
human rights and responsibilities; gender sensitivity and legal management of rape
cases; and
7. Adopting and implementing programs for the recovery of rape victims
What is the Duty of Police Officers upon receipt of the complaint about rape?
✓ According to Sec. 4 of RA 8505, once the Police officer receipt a rape complaint
he/she should;
a. Immediately refer the case to the prosecutor for inquest/investigation if the accused is
detained;
b. Arrange for counseling and medical services for the offended party, and c.
Immediately create a report on the action taken.

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What are the special considerations and approaches for Rape Cases?
1. The police officer or the examining physician must be of the same gender as the
offended party (RA 8505, Sec.4)
2. The women's desk must be established in every police precinct (Sec.4)
3. A Policewoman conduct investigation of complaints of women rape victims (Sec.4)
4. Prosecutor who will conduct preliminary investigation or inquest should be also a
woman (Sec.4)
5. At any stage of the investigation, prosecution, and trial of a complaint for rape, the
police officer, the prosecutor, the court, and its officers, as well as the parties to the
complaint shall recognize the right to privacy of the offended party and the accused. All
should be in a closed-door approach (Sec 5)
6. Rape Shield – In prosecutions for rape, evidence of complainant's past sexual
conduct, opinion, or of his/her reputation shall not be admitted unless, and only to the
extent that the court finds, that such evidence is material and relevant to the case (Sec.
6)

2. JUVENILE VICTIMS
✓ The law specialized for providing assistance and protection to those children victims
is Republic Act 7610 which is known as the “Special Protection of Children against
Abuse, Exploitation, and Discrimination Act”.
What are the specialized approaches for assisting Child Victims?
1. Aside from the offended party, these are other persons that can file a complaint about
them: (Sec.27)
✓ Parents or guardians
✓ Ascendant or collateral relative within the third degree of consanguinity ✓ Officer,
social worker, or representative of a licensed child-caring institution ✓ Officer or social
worker of the Department of Social Welfare and Development ✓ Barangay chairman; or
✓ At least three (3) concerned responsible citizens where the violation occurred
2. (Sec.28) The offended party shall be immediately placed under the protective custody
of the Department of Social Welfare and Development.
3. (Sec. 29) Identity of the offended party must be confidential from the public such as in
printed materials, television, radio broadcasting, or in any film which can cause moral
degradation and suffering from the child.
4. (Sec. 30) Cases involving violations of this law shall be heard in the chambers of the
judge of the Regional Trial Court duly designated as Juvenile and Domestic Court.

3. WOMEN AND CHILDREN VICTIM OF VIOLENCE


✓The law giving special protection for the family and its members specifically with
women and children from violence and threat is the Republic Act 9262 known as Anti-
Violence against Women and Their Children Act of 2004.

What is Violence against Women and Children?


✓According to Sec.3 of RA 9262, Violence against Women and Children refers to any
act or a series of acts committed by any person with the following persons:
A. Against a Woman
✓ a woman victim could be a) his wife, b) former wife, c) with whom the person has or
had a sexual or dating relationship, or d) with whom he has a common child
B. Against his Child
✓ a child could be either legitimate or illegitimate
✓ within or without the family abode
The acts done with the enumerated attributes of woman or child should result in the
following: a) physical, b) sexual, c) psychological harm or suffering, or d) economic
abuse including threats of such acts, battery, assault, coercion, harassment, or arbitrary
deprivation of liberty.

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a. Physical violence- acts that include bodily or physical harm
b. Sexual violence- this includes sexual harassment, rape, treating a woman or child as
a sex object, forcing him to watch indecent shows or obscene publications, physically
attacking the sexual part of the victim’s body, or forcing wife and the mistress/lover to
live in the conjugal home or sleep together in the same room. As well as causing or
attempting to cause the victim to engage in any sexual activity by force, the threat of
force, physical or other harm, the threat of physical or other harm or coercion or
prostituting the woman or child.
c. Psychological violence- this refers to emotional suffering to the victim which includes
the following: intimidation, harassment, stalking, damage to property, public ridicule or
humiliation, repeated verbal abuse, and marital infidelity, causing or allowing the victim
to witness the physical, sexual or psychological abuse of a member of the family to
which the victim belongs, or to witness pornography, to witness abusive injury to pets,
unwanted deprivation of the right to custody and/or visitation of common children.
d. Economic abuse- making a woman financially dependent. This includes the following
activities: withdrawal of financial support; preventing the wife to work, doing business, or
being engaged in a profession; prevention for the right to use property in common;
destruction of household property; and controlling the victim’s money, properties or
solely controlling conjugal properties.

What are the special considerations and approaches for assisting the Victim of the
Violation of this Act?

1. In Sec.7 of RA 9262 cases involving a case in this act must be filed in Family Court.
(In the absence of Family court in the place, the case shall be filed in Regional Trial
Court) 2. In Sec.8 of RA 9262 Protection Order is issued to the victim to be enforced by
Law enforcement agencies. This is an order for safeguarding the victim from further
harm, minimizing any disruption in the victim's daily life, and facilitating the opportunity
and ability of the victim to independently regain control over her life. This is classified
into three: Barangay Protection Order (BPO), Temporary Protection Order (TPO) and
Permanent Protection Order (PPO).

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