Unit 1: Definition,

Evolution and
Development of
Victimology
Dr. Ganesh Regmi
Academic Director, NaLC
Cell# 9851048902
 Background
 No society is crime free.
 There is victim in every crimes, even though in victimless crime.
 There are two parties involvement in crime:
o Offender/criminal and
o Suffer of the Crime (victim)
 The criminal system starts with cry of victim but the same victim is unheeded.
 The problems of crime and criminal is always observed but the problems of victim
are ignored and unexplored hitherto.
 We have criminal justice system, not defendant justice system.
 Victim of torture’s plight is addressed but not crime victim’s, because we are
conditioned to do so.
 Is punishing of criminal is enough?
 Background contd:….

Two approaches of homicide:

 Victim based approach (Lord Bracton, English cleric and jurist, 1210, (The Laws and
Customs of England) and Defendant based approach (Sir Edward Coke, Chief Justice
of the King's Bench, 1641, (Institutes of the Law of England).
 Defendant based approach is prevalent and victim based approach is less focused.
Major related provisions:
 Constitution, Article 21 (1) and (2): right of victim of crime to be notified about the
investigation process and right to justice including social rehabilitation and
compensation in accordance to law.
 Article 38 (3): right of women to get Compensation,​
 Article 39 (10): right of children to get Compensation​
 The Crime Victim Protection Act 2075 and varies other related provisions on victim’s
rights and special treatment.
 Concept of Victimology
 Victim’s kind: LOD case, Aftab Aalam case and Resham Chaudhari case ,1st grade, 2nd
grade and family victim.
 Victim’s typology: innocent victim, victim with minor guilt, guilty victim, guiltier
victim, guiltiest victim and imaginary victim.
 Victimology as an academic term contains two words. Latin word “Victima” which
translates into “victim” and the other is the Greek word “logos” which means a
system of knowledge, the direction of something abstract, the direction of teaching,
science, and a discipline.
 Victimology is a science of suffering and compensation as a result of it.
 Victimology is defined as the study of the crime and the victim of crime.
 It is a relatively young discipline even though victimization is as old as human itself.
 Victimology studies victim rather than offender or defendant.
 Victimology means a study of people who experience injury or hardship due to any
cause.
 Concept of Victimology
 Victim is who suffer physical, social , financial, emotional injury or harm due to any cause
and one of such causes may be crime and victimology focuses the scientific study of the
psychological effects of crime and the relationship between victims and offender.
 People who study victimology, or victimization, examine the psychological effects of
crimes on the victims, the interactions between victims and the criminal justice system
and the relationships between victims and offenders. Modern theories of victimology try
to explain why some are more likely than other to become victims of a crime.
 Victimology is the study of etiology (or causes) of victimization, its consequences, how
the criminal justice system accommodates, and how other elements of society, such as
media, deal with crime victims. Law enforcement agencies use the study of victimology
and the theories of victimology to determine why the victim was targeted by the
offender. It is the scientific study of the physical, emotional, and other harm which
victims suffer because of crime.
 Concept contd……

 Broadly speaking victimology may be defined as the scientific study of

victimisation, including the relationship between victims and offender,
relations between victims and criminal justice system, police and court, social
group, media etc.
 Victimology, branch of criminology (a part subfield of sociology), that
scientifically studies the relationship between an injured party and an offender
by examining the causes and the nature of the consequent suffering
 A victim is defined as a person who has suffered physical or emotional harm,
property damage, or economic loss and victimology studies its causes, harm,
minimisation, solution and rehabilitation.
 Victimology is scientific and rational study of victim.
 Victimology refers generally to the scientific study of victims and victimization,
including the relationships between victims and offenders, investigators,
courts, corrections, media, and social movements. 6
 Concept contd……

• It examines victim patterns and tendencies; studies how victims interact with the
police and the legal system; and analyzes how factors of class, race, and sexual
orientation affect the perception of the victim by different constituents, including the
public, the court system, and the media.
• Victimology is the scientific study of victimization, which include the relationship
between victim and the accuse. Victimology and criminology is confusing sometimes.
Criminology, coined by Italian Law professor Raffaele Garofalo in 1885, is the study of
the crime itself, victimology is best described as the study of the victim of a crime.
• Criminology is the study of crime. Criminology finds out why criminal commit the
crime and what the reasons behind committing the crime. It focuses the scientific
study of crime and the social reactions to crime. As a part of social science,
criminology is not only concerned with the causes and preventions of crime but the
social impacts and reactions to crime, as well as the criminals themselves.
 Concept contd……

• Victimology is the study of the victims of crime, and especially of the reasons why
some people are more prone to be victims. It is the study of the relationship between
the victims and the criminals, the interactions between the victims and the criminal
justice system, and how it deals with crime victims.
• Criminology is a large and growing field. Victimology is just a small (but very
important) subfield within criminology. Victimology is a subset of criminology that
focuses on the study of victims.
• The field of victimology critically examines the crime victim, the perpetrator of the
crime, and the offender. The field itself is a sub-field of criminology and uses data,
both empirical and theoretical references, to draw conclusions about the victims of
crimes.
• Criminology is the study of crime, victimology is the study of the impact on victims.
 Concept contd……

• Victimology is the study of crime victims. As a part of criminology, victimology examines

the physical, mental, psychological and social effects of crimes on the victims. It also
does interactions between victims and the criminal justice system and the relationships
between victims and offenders as well.
• Until 1970s the victims of crime were a forgotten entity in the criminal justice system. In
recent decades that the impact of victimization on crime affected person drew
attention of criminal law jurisdictions around the world . Thinking about the Victim
dignity, to be treated well manner and respect and compensation
• In modern Criminal Justice System, the word victim describes any person who has
experienced injury, loss, or hardship due to the illegal action of another individual,
group, or organization (Andrew Karmen 2004, professor in the Sociology Department
at John Jay College of Criminal Justice, in New York ).
 Concept contd……

• It is also the study of the connections between victims and other social groups
and institutions, such as the media, businesses, and social movements.
• Victimology is the study of victimization, including the psychological effects on
victims, relationships between victims and offenders, the interactions between
victims and the criminal justice system—that is, the police and courts, and
corrections officials—and the connections between victims and other social
groups and institutions, such as the media, businesses, and social movements.
• In criminal jurisprudence, mere punishing of offender is not sufficient to redress
the grievance of victim; there is need to compensate the loss or harms suffered
by the victim.
 What victimology includes:
• The study of Victimology includes the handling of victims, the physical and mental
condition of victims, as well as their economical hardships.
• Beyond just learning about hardships endured by victims, victimologists aim to
make sure the victims are assisted effectively as well as create ways to help them
recover.
• The main four steps in the study of Victimology are:
o To identify, define, and describe the problem on victims;
o To measure the true dimensions of the problem;
o To investigate how victims are handled; and
o To gather evidence to test hypothesis.
 Concept contd……

Victimology can be described in two ways.

• In wider sense, it is the scientific study of victims and victimization, including the
relationships between victims and offender, investigators, courts, corrections, media,
and social movements.

• In the narrowest sense, it is the scientific study of physical, emotional, and financial
harm people suffer because of illegal activities.

• Today, Victimology is not just limited to the study of crime victims but also includes
those individuals whose human rights or legal rights are affected, also, it includes
victim assistance services and reparation provided to the victims. Tracing back to
history, the concept of victims.
 Definition of Victimology
 According to Oxford Dictionary, the study of the victims of crime and the
psychological effects of their experience.
 Encyclopedia Britannica says, victimology, branch of criminology that scientifically
studies the relationship between an injured party and an offender by examining the
causes and the nature of the consequent suffering.
 Merriam Webster Dictionary defines victimology is the study of the ways in which
the behavior of crime victims may have led to or contributed to their victimization.
The study of victims of crime, including the relationship between the offender and
victim. Victimology is the scientific study of victimization, which nclude the
relationship between victim and the accuse.
 Johannes Heinrich Schultz (German psychiatry, M.D., 1884-1970), says, “Victimology
is the study of the degree of and type of participation of the victim in the genesis or
development of the offences and an evaluation of what is just and proper for the
victim’s welfare”.
 Definition contd:…..

• Israel Drapkin and Emilio Biano (Drapkin and Viano, American psychologists) say,
victimology is the branch of criminology which primarily studies the victims of crime
and everything that is connected with such are victim.
• Justice J.N. Bhatt (was an Indian Judge, educationist and Chief Justice of Patna High
Court), defines, victimology is a science of suffering and resultant compensation. The
study of the victims of crime and the psychological effects on them of their
experience. As mentioned in the definition itself that is psychology of the victim but
it directly related to the behavior of the offender or the accuse. The theory of
victimology deals with this aspect very well.
• Victimology studies by logical, sociological, psychological and criminological aspects
about the victims and brings into focus the victim-offender relationship and the role
played by the victim in occurrence of the offence”.
 Definition contd:…..

 UN General Assembly to the ‘UN Declaration of Basic Principles of Justice for

Victims of Crime and Abuse of Power 1985’ says that victimology should only
include victims of crime and victims of abuse of power, each of these terms having
specific definitions as found in the Declaration.
 John P. J. Dussich (an US victimologist, founder of the National Organization for
Victim Assistance (NOVA)) : Victimolgy is and acadamic seientific displine which
studies dates that describes phenomena and causal relationship related to
victimizations. That includes events leading to the victimization, the victim
experience it aftermath and the action taken by the society in respones of these
victimization, Therefore victimology includes impact recoveries and respones by
people organization and cultures related to victimization.
 Madhav Acharya (2051), Victimology looks at the crime from victim point of view.
 Shankar Kumar Shrestha (2062), Victimology is talk and the subject of victim rights
and to assist victims.
Types of Victimology
• Van Dijk (Jan J. M. van Dijk), PhD in criminology, a policy director at the Dutch Ministry
of Justice, professor in criminology at Leiden University, a past president of the World
Society of Victimology and member of the American and European Societies of
Criminology) proposed two major types of victimology: General victimology and Penal
victimology.
• General victimology studies victimity in the broadest sense, including those that have
been harmed by accidents, natural disasters, war, and so on. The focus of this type of
victimology includes the treatment, prevention, and alleviation of the consequences of
being victimized, regardless of the cause.
• Mendelsohn also advocated for the development of such a victimology which would be
free from criminal law and criminology and aim at reducing the sorrows and sufferings
of men. He emphasized that the field of victimology should include victims of
accidents, natural disasters and ther ‘acts of god’.
• It can be said that it is ‘assistance oriented’ victimology, since it aims at helping the
victims rather than merely studying and interpreting the victims.
 Types contd:……

Penal victimology, on the other hand, generally approach the subject from a
criminological or legal perspective, where the scope of study is defined by criminal law.
• According to Van Dijk “the research agenda of this victimological stream combines
issues concerning the causation of crimes with those relating to the victim’s role in
the criminal proceedings,” where victims are only those who become such as a result
of a crime. The influence of the penal victimologists who pioneered the study of this
domain made a strong contribution towards the development of penal victimology.
• Research in this field deals with data related to causation of crime, victim-offender
interaction and such other issues where there is a direct contact between the
offender and the victim.
• Penal victimology is also known as interactionist victimology. Penal victimologists are
generally not very keen in providing professional assistance to the victims.
Also there are humanistic victimology, scientific victimology, radical victimology which
are developing with new momentums.
History of Victimology
• The Code of Hammurabi (1786 B.C.), represented a system of restitution based on
revenge and cruelty. For examples, a thief to have his own hand cut off, required a
victim’s family and community to assume responsibility for aiding the victim if the
offender was unable to be brought to justice.
• The Code specially had given redress to a women who was a victim of a crime of insult
or misbehave by her husband without any fault, can take all her dowry and go back to
maternal home.
• During the Rig Vedic period, the power to punish the offender vested with the victim.
• The ancient Hindu law framers like Manu had complete knowledge of the importance
of providing compensation to the victims of crime. It is found that Manu has provided
reparation to the victim of crime, apart from making the payment of fine to the king
(the state).
• Compensation to victim of crime for the injury suffered was also provided in the law
of Vishnu Smriti and Yajnavalakya Smriti.
 History contd:….

• Manusmriti had various types of compensation to victim. प्रहारबाट ज्यादा चोट

लागेर रगत वग्नाले ज्यादा पीडा भयो भने त्यसको लागि औषधीपानी सवै खर्च प्रहार
गर्ने वाट राजाले असुली गराई दिनु पर्छ नदिएमा दण्ड दिनुपर्छ । पानीको खोला
तर्नका लागि वनाइएका साघु आदिका पुजा गरिने खम्बालाई नष्ट गराउनेलाई पाँच सय
दण्ड तिराएर विगारेको काम वनाउनु लगाउनु पर्दछ.
• Even Yagyabalkya Srirty says, जसले अरुलाई मारपिट गरेर चोट पु¥याउँछ उसले औषधी र
पथ्यमा लागेको व्यय चुकाउनु पर्ने हुन्छ । जुन कलहमा जुन दण्ड भनिएको छ सोहि
दण्ड त्यस्तो व्यतिmले भोग्नु पर्दछ ।
• Restitution and atonement has been recognized even in Islamic values and practices.
• ‘Diya’ meaning ‘blood money’ payable to the victim was applicable to certain cases
including those which fell within the ambit of kisa (retaliation)
• The concept of victim study as it relates to legal conflict is not new. In fact, it has been
around for centuries in various forms. In early time, individuals or animal sacrificed to
 History contd:….

 Cesare Lombroso in 1896 and 1902 explained victim-provoked emotions.

 Raffaele Garofalo in 1914 discussed the behavior of the victims which incites the
criminal to commit an offence.
 Particularly, from 19th Century, the legal process included that the notion of harm or
loss should be given to the victim in general legal process.
 Formally, victimology first emerged in the 1940s and 50s, when several criminologists
like Benjamin Mendelsohn (French-Israeli attorney, Father of Victimology), Hans von
Hentig (German criminologist) and Henri Ellenberger (Canadian psychiatrist) examined
victim-offender interactions and stressed reciprocal influences and role reversals.
 Specifically, 1940 decade became the milestone era to address victim’s suffering in
tripartite relationship victims, criminals and state.
 In 1924 Edwin Sutherland (an US psychologist and criminologist) mentioned the word
victim in criminology book.
 History contd:….

• In 1947, Benjamin Mendelsohn formally coined the word “Victimology”. He, in book
“Victimology and contemporary society's trends”, gave a vision and blueprint in
victimology. As his disciples, other jurists followed his guidance, which made him “The
Father of Victimology”. The concept of a science to study victims and the word
“victimology” had its origin with the early writings of Beniamin Mendelsohn (1947).
• In 1948, Hans von Hentig publishes “The Criminal and His Victim: Studies on the
Sociobiology of Crime”, in which he provides a typology of victims based on physical,
psychological, and social characteristics. Von Henting was born in Berlin in 1887. In
1948 his book, “The Criminal and His Victim”, victimology is a part of criminology. He
holds that the mutual relationship between offender and victim.
• In 1957, Margery Fry (British prison reformer) propose victim compensation in London.
• In 1958, Marvin Wolfgang, an US (Philadelphia), criminologist, publishes Patterns in
Criminal Homicide, where he reports that 26% of homicides examined were victim-
precipitated.
 History contd:….

• In 1962 C. Henry Kempe (German American Pediatric) and others publish the article
“The Battered-Child Syndrome,” chronicling the harm committed by parents and foster
parents against children.
• In 1963, New Zealand became the first country to pass victim compensation laws.
• In 1965, California provided victim compensation.
• In 1968, Stephen Schafer (US professor, Boston, Massachusetts wrote the first
victimology text book where victim's importance and victim-offender relationship was
stressed.
• In 1969, the Hate Crimes Prevention Act allows for federal prosecution of those who
harm others because of their race, color, religion, or national origin.
• In 1972, the National Crime Survey (later changed to the National Crime Victimization
Survey) is designed to supplement the Uniform Crime Reports. This annual survey
provides a detailed picture of a select number of personal and property victimizations.
• In 1973, the First International Symposium on Victimology is held in Israel.
 The first International Symposium on Victimology held in Jerusalem in
1973 gave the discipline of victimology international recognition as a
distinct focus separate from the discipline of criminology.
The paper presented at symposium were divided into five volumes. In the symposium,
Professor Israel Drapkin, chairman of the organizing committee, identified five purposes
of the meeting:
i. To reach agreement on the scope of victimology. Should it cope only with victims of
crime or should it include all kinds of victims?
ii. To establish a valid typology of victims as an indispensible tool for future
development.
iii. To analyze the role of the victim, in judicial settings to improve the situation.
iv. To analyze the offender-victim relationship, particularly with regard to the main
categories of criminal offence.
v. To develop strategies to improve society’s reaction toward victims, be it by means of
compensation, insurance, prevention, or treatment.
 History contd:….

• In 1975, the National Organization for Victim Assistance is established, with the mission
of advocacy activities, services to victims, and professional development training.
• In 1976, the first scholarly journal on the topic of “Victimology” is published.
• Three years later, in 1976, a second international symposium was organized by Stephan
Schafer in Boston (USA).
• Since then, the World Society of Victimology has organized international symposia on
victimology every three years. Three years later, in 1976, a second international
symposium was organized by Stephan Schafer in Boston (USA).
• Since then, the World Society of Victimology has organized international symposia on
victimology every three years.
• In 1978, “Parents of Murdered Children, Inc.” is founded. It provides support to parents
and other survivors as they deal with their grief and with the criminal justice system. The
National Coalition Against Domestic Violence is formed in an effort to end violence for
women and children.
 History contd:….

• In 1979, the third international symposium on victimology took place in Münster,

Germany under the leadership of Hans Joachim Schneider and it was at this
symposium that the World Society of Victimology (WSV) was created. Throughout the
evolution of victimology, the World Society of Victimology has played a key role.
• The Society is a non-for-profit, nongovernmental organization with consultative status
category II with the ECOSOC of the United Nations and the Council of Europe. Its goals
are:
• to promote research on victims and victim assistance;
• to advocate victims’ interests throughout the world;
• to encourage interdisciplinary and comparative research in victimology;
• to advance the cooperation of international, regional and local agencies, groups
and individuals concerned with the problems of victims.
• In promoting victims’ interests, the Society has been the driving force behind
international victim policy.
 History contd:….

• 1982 The Victim and Witness Protection Act of 1982, initiated victim impact statement
as part of the report filed to consider restitution, when passing sentence; and makes
intimidation of or retaliation against a witness a Federal offense.
• 1985 The UN unanimously adopts the UN Declaration of Basic Principles of Justice for
Victims of Crime and Abuse of Power 1985’, (resolution 40/34, on November 29)
• South Korean Constitution 1987, Art. 27(5): victim shall be entitled to make a statement
during the proceedings of the trial.
• 1990 The European forum for victim service. Council of europe and the UN
• 1999 The UN and the US office for victim of crime publish the guide for policymakers on
the policy maker on the implementation of the United Nations of Basic Principles .
• 2001 The September 11 terrorist attacks lead to changes in U.S. air travel security
measures and bring the topic of terrorism to the forefront of national debate.
• 2002 UN basic principles on Restorative Justice.
 History contd:….

• Rome Statute of the International Criminal Court 1998, Art 68: Protection of the victims
and witnesses and their participation in the proceedings, Art. 75 reparations to victims,
Article 79 Trust Fund for victim.
• United Nations Convention against Transnational Organized Crime (2000): many article
for the protection for victim including Art 25 concerning “Assistance to and protection of
victims”.
• Protocol to Prevent, Suppress and Punish Trafficking in Persons, Especially Women and
Children, supplementing that Convention, 2000, Art. 6 of the “Assistance to and
protection of victims of trafficking in persons”.
• United Nations Convention against Corruption 2003, Art. 32. Protection of witnesses,
experts and victims (from retaliation, intimidation including relocation).
 Historical Eras of Victimology
Robert A. Jerin and Laura J. Moriarty (professors and chair of Law and Justice
department of USA)wrote a book named ‘Victims of Crime’ in 1998, in which he
contend that there are three distinct historical eras defining the victims’ role within
justice systems (from victim’ perspective):
They are:
1. The golden age
2. The dark age and
3. The reemergence of the victim.
 The Golden Age
• Before written law
• Victims are said to have played a direct role in determining punishments for the
unlawful actions that others committed against them or their property.
• Reportedly a time when personal retribution was the only resolution for criminal
matters.
• Victims actively sought revenge or demanded compensation for their losses directly
from those who wronged them.
• Victim driven approaches were in practice to decide upon defendant.
However, it was not a time of regard towards victims and their claims. Victims would
define the extent of any loss or harm and then seek their own retribution rather than
either being investigated or assessed by a disinterested or higher authority. Presumably,
this could occur without any pre-established burden of proof, with the victim’s word set
against that of the accused, and judged in an ad hoc fashion within a given community,
group, or tribe. So, there was no consistency and uniformity in punishment.
 The Dark Age
• The result of the emergence of structured local governments and the development
of formal legal statutes.
• The emergence of criminal-oriented justice systems,
• Offenses were increasingly viewed as perpetrated against the laws of the king or
state, not just against a victim or the victim’s family.
• Focus shifted towards offender punishments and rights, as opposed to victim rights
and restoration.

State, state responsibility and property consideration were focused in this time which
neglected victim’s rights.
Reemergence of the Victim’s
Rights
• Before, victims were forgotten figures in the criminal justice process whose
needs and wants had been systematically overlooked but merited attention. In
the era in the middle of the twentieth century, when a small number of people
began to recognize that those who were most affected by criminal acts were
rarely involved in the criminal justice process.

• This notion started from 1920s and got flourished at 70s. Now, victimology has
become a recognized field of study. Up to 1990, more than 240 colleges and
universities offered courses in victimology and numerous legal provisions have
been made to address victim’s plights.
 Victimologists who played significant role in the
History of Victimology
Benjamin Mendelsohn
• Benjamin Mendelsohn, 1947, an attorney, a French-Israeli, born in Bucharest, Romania, has
often been referred to as the “father” of victimology. Interested in relation between the
victim and criminal as he interviewed victims and witnesses and found that there is a
certain kind of relationship between them.
• Seminal Work: Why society for so long ignored victims and left them to carry the
burden of the consequences of crime (Revue de droit penal et de criminology) (1956)
• Using these data, he developed a six-category typology of victims based on legal
considerations of the degree of a victim’s culpability. They are 1. innocent victim, 2 the
victim with minor guilt, 3. the guilty victim guilty offender, 4. the guilty offender guiltier
victim, 5. guilty victim and 6 imaginary victim. From child/innocent victim to mental
disorders victim.
• This classification emphasized the degree of culpability recognizing that some victims bear
no responsibility while other do.
 2. Hans Von Hentig

• German criminologist, Hans Von Hentig (1948) developed a typology of victims based
on the degree to which victims contributed to causing the criminal act. Examining the
psychological, social, and biological dynamics of the situation, he classified victims into
13 categories depending on their propensity or risk for victimization.
• His notion that victims contributed to their victimization through their actions and
behaviors led to the development of the concept of “victim-blaming” and is seen by
many victim advocates as an attempt to assign equal culpability to the victim.

• His typology included:

1. The Young (children and infants),
2. The Female (women),
3. The Old (elderly citizens),
4. The Mentally Defective and Deranged (insane, drug addicts, and alcoholics),
 2. Hans Von Hentig contd:….

5. Immigrants (foreigners or unfamiliar with local people or culture),

6. The Minorities (racially disadvantaged),
7. The Dull Normal (simple-minded persons, mentally defective and deranged,
8. The Depressed (psychological disorders),
9. The Acquisitive (greedy and looking for quick gain, who put themselves in dangerous
situations, in order to achieve their goal),
10. The Wanton (promiscuous persons, nasty),
11. The Lonesome or Heartbroken (widows, widowers, and those in mourning),
12. The Tormentor (having abusive family members) and
13. The Blocked, Exempted, or Fighting (victims of blackmail, extortion, and confidence
scams)
 3. Marvin E. Wolfgang

• Marvin E. Wolfgang, an American criminologist professor, Pennsylvania, 1950-1980

who continued teaching until death, was described by the British Journal of
Criminology as “the most influential criminologist in the English-speaking world.”
• He advised nearly 100 doctoral students from throughout the world, many of whom
became leading criminologists.
• He resourced that victims are to some degree responsible for their own victimization
analyzing Philadelphia’s police homicide records from 1948 through 1952. He reported
that 26% of homicides resulted from victim precipitation.
• He wrote more than 30 books. He was the recipient of numerous awards, including
the Edwin H. Sutherland Award of the American Society of Criminology, the Beccarian
Gold Medal from the German, Austrian, and Swiss Society of Criminology, and
the Roscoe Pound Award of the National Council on Crime and Delinquency.
 4. Stephen Schafer

• Stephen Schafer (1911–1976), a professor and criminology and sociology, at Budapest

University chairman of the Hungarian prison commission, and president of the
supervising board of delinquency. He left Hungary in 1956 and became a consultant to
the British Home Office research unit. In 1961, Schafer immigrated to the U.S. and
taught successively at the Florida State, Ohio, and Northeastern universities, and served
as a consultant to the President's Commission on Law Enforcement and Administration
of Justice. Schafer's principal book in English was Restitution to Victims of Crime (1960),
a problem on which he became a leading expert with many publication.
• Moving from classifying victims on the basis of propensity or risk and yet still focused on
the victim– offender relationship. He classifies victims on the basis of their “functional
responsibility.” Victims’ dual role was to function so that they did not provoke others to
harm them while also preventing such acts. Schafer’s seven-category functional
responsibility typology ranged from no victim responsibility (e.g., unrelated victims,
those who are biologically weak), to some degree of victim responsibility (e.g.,
precipitative victims), to total victim responsibility (e.g., self-victimizing).
 5. Menachem Amir

• Menachem Amir (1930-1999), an Israeli criminologist, a professor at the Hebrew

University of Jerusalem, is best-known for his work on rape, including his article
"Victim Precipitated Forcible Rape" and his first book Patterns in Forcible Rape. His
work was the first sociological study on the phenomenon of rape and gathered
information on rape victims and their alleged offenders. His work was used in anti-
rape activism.[
• On the basis of the details in the Philadelphia police rape records, Amir reported
that 19% of all forcible rapes were victim precipitated by such factors as the use of
alcohol by both parties; seductive actions by the victim; and the victim’s wearing of
revealing clothing, which could tantalize the offender to the point of misreading the
victim’s behavior. His work was criticized by the victim’s movement and the feminist
movement as blaming the victim.
• He has also worked on topics concerning juvenile delinquents, elderly victims of
crime, and international organized crime.
 Dr. Shankar Kumar Shrestha
Ex judge, national/international victim activists, …..
In 2001, Dr. Shankar Kumar Shrestha has published book “A Step Towards Victim Justice
System, Nepalese Perspectives”, which plays vital role for the protection and promotion
of victim’s right in the field of criminal justice system in Nepal. Some laws, such as;
Section 49 and 50 of Evidence Act, 2031, Section 20 and 21 of State Case Act, 2049,
Section 2 (c), 6, 10, 11, 13, 14, 17, 25, 26 of Human Trafficking and Transportation
(Control) Act, 2064, Section 49 and 51 of Children Act 2048 as well as Section 4,6, 7, 9,
10, 11 of Domestic Violence (Offense and Control) Act, 2066 has provisioned on the
rights of victim, such as; the rights to reporting case, right to representation in court,
right to security, right to privacy, right to compensation etc. The provisions mentioned
Human Trafficking and Transportation (Control) Act, 2064 and of Domestic Violence
(Offense and Control) Act, 2066 has spelled progressively on the special rights to crime
victim in comprehensive way.
Development of
Victimology in Nepal
• Relatively recent and emerging concept as in world,
• However had some primitive Hindu value system regarding victim’s welfare,
• Women and children were considered to give special treatment,
• Criminal Justice was focused rather than Victim justice system,

Krirat Period 'Mundhum’ (from the 800 B.C. to the 300 A.D)
• Eye for an Eye, tooth for an tooth
• Victim could behead the adulterers.
• The wrong doer's property could be confiscated by the king and some portion
could be given to the victims as the cost of marriage.
• Family members were also considered responsible.
 Development in Nepal contd:……

Lichhavi Period (from 250 to 750 AD)

• Dharmadhikari responsible for decision and used to give justice to victim.
• Legal system was based on ‘Manusmriti, Naradsmirti and Yagyabalka Smriti’ so,
approaches of such Smirti was practiced, i.e. treatment charge of victim should be
paid by defendant, compensation to victim for assault and battery, repair charges of
republic utilities (track, trail, suspension bridge etc.) by destroyer etc.
• Religiousness and sinfulness (पाप र धर्म) was base legal system so welfare of
victim was considered as a part to religion.
• केबलम् शास्त्रमाश्रित्य न कर्तब्यो हिनिर्णय,
यूक्तिहिन
Malla Period (From बिचारेतु
1200 - 1769 AD धर्महानी
) प्रजायते
• If there has been theft, the stolen property should be searched and returned to the
rightful owner.
• If the property was not found, state was supposed to provide compension.
• Pratap Malla made various and regulations such as examination of witness and
collection of evidence etc. (three year in Pashupati after death of minor mistress)
 Development in Nepal contd:……

Shaha Period (From 1769 AD to 2007)

• Physical relation with minor was illegal (however child marriage is existed).
• Beheaded of Jar. Cast based punishment system.
• Ram Shaha was famous for justice delivery including which victim justice particularly
women and children. 26 Thiti and taking more interest is crime.
• No sati for pregnant and women having young children.
• Rape could not be done to a prostitute also. Muluki Ain 1910 BS.
Rana period (From BS 1903 to 2007)
• Chapter of theft states that the stolen goods must be searched and given to the
rightful owner .
• If a wife is flee with somebody, than the wife is liable to pay compensation to her
husband. The jar was liable to pay compensation to prior husband etc.
• Kotiling and Itachapali both could hear little victim’s rights.
 Development in Nepal contd:……

• Civil Right Act, 2012 : Right to freedom, compensation of violation of rights (Sec
17,18)
• Libel and Slander Act, 2016
• Muluki Ain, 2020: in assault, battery etc. there was provision of compensation
(Kutpit Sec 3, 6),
• Food Act, 2023, Sec 5 (compensation form adulterator)
• Some Public (Offence and Sentence) Act, 2027
• Evidence Act, 2031, Sec. 51 (Court to forbid to ask unreasonable question with
the witness)
• Vehicle & traffic Management Act 2049: treatment and compensation to accident
victims / medical treatment /ritual work
• Katak Malla, ‘पिडित राहत शास्त्र’ (Victimology), in 1988 (२०४६)
 Development in Nepal contd:……

• State Cases Act, 2049: no punishment at all for FIR, information to victim (Notice to
be given to informants or victims (Art 41) Act, 2056
• Copy Rights Act, 2059
• Gender Equality Act 2063), protection of victim and witness (Art 114), victim relief
fund (Art 155), secrecy (Art. 183) etc.
• Torture Related Compensation Act 2053
• Child Labor (Prohibition and Regulation
• Electronic Transection Act 2063
• Human Trafficking And transportation Act 2064
• Foreign Employment Act 2064 and Rule 2064
• Human Right Commission Act 2068
• Domestic Violence (Offence and Punishment) Act, 2066 and Rule 2076
 Development in Nepal contd:……

• The Caste-Based Discrimination and Untouchability (Offence and Punishment) Act, 2068
• Organized Crime Prevention Act, 2070 (special provision for protection of victim and
witness)
• The enforced Disappearances enquiry Truth and reconciliation commission Act, 2071
• Witchcraft Allegation (Crime and Punishment) Act, 2072
• Constitution of Nepal (2072), Art 20 (right relating to justice, right to fair trail, right to
free legal Aid) and Art 21, 38 (3), 39 (10). 51 (k) (policies relating to justice and penal
system: to pursue alternative means such as mediation and arbitration)
• Muliki Criminal Code 2074: Victim fund, Victim Impact Reports, compensation,
reconciliation, victim-offender meeting.
• The Muluki Criminal Procedure Code 2074: Sec 129 camera court,
• The Criminal Offences (Sentencing and Execution) Act, 2074: victim’s consequence
should be taken account to sentence the criminal (Art 13, 15 etc.)
 Development in Nepal contd:……

• Labor Act 2074: protection of victim (Sec 132, victim’s family member and trade
union can file case)
• National Women Commission Act 2074
• The Act Relating to Children 2075: Sec 11, Art 78: right to privacy, Sec 25: right to
child victim, Sec 28 (c), 29 right to victim in diversion, Sec 35 camera court, Sec 70.
Rescue, protection and health check-up of victim, Sec 71: Rehabilitation centre, Sec
73. Compensation etc.
• The Crime Victim Protection Act, 2075 (all in one)
• Prime Minister Helping Fund Rules, 2059 (to help renowned needy person)
• Gender Based Violence Elimination Fund Regulation 2067
• The Crime Victim Protection Rule, 2077
• Criminal Offences (Victim Relief Fund) Rule, 2077
 At last

• Victimology is an important facet of any investigation. Victim response to

violent crime is varied. It is not possible to predict how a particular person will
respond to a particular traumatic event.
• Victimology continues to be strongly linked to criminology as is evidenced in the
many studies on criminal victimization.
• It is seen that in recent days, ‘Victim Based Approach is gradually being
recognized as Defendant Based Approach”.
• Victimology today is just not concerned with the study of victim, but it includes
study of any individual whose basic human rights, legal rights including policies
of reintegration and rehabilitation.
• Victimology is still a young science and it has to go further.