What are the personal characteristics of persons who have been victimized, and how might these relate to the situations, predicaments, or circumstances that people sometimes find themselves in? In the 1950s, criminologist Benjamin Mendelsohn attempted to explain victimization through the creation of a victim typology. His efforts were controversial because Mendelsohn placed considerable emphasis on the victims’ attitudes, which ultimately lead to their victimization (Mendelsohn, 1976).

TYPOLOGY OF CRIME VICTIMS

Note. (Sanchez, 2019, 1.14 section, Table 1)

VON HENTIG’S VICTIM TYPOLOGY

While other criminologists embraced Mendelsohn’s efforts to explain certain aspects of victim typologies, most tended to refine Mendelsohn’s list and add other elements that comported with their views. One such person was Hans von Hentig. In 1948, von Hentig retained some of the situational factors Mendelsohn considered and then contributed the role of biological, sociological and psychological factors that may have been present. He believed that “the young, elderly, and women are more susceptible to victimization because of things such as physical vulnerabilities” (Sanchez, 2019, 1.14 section, para. 4). The downside to von Hentig’s typology approach is that it excluded some crimes from consideration, such as white-collar and corporate crime. In doing so, von Hentig unintentionally failed to recognize the victims of these crimes in the typology.

Note. (Sanchez, 2019, 1.14 section, Table 2). The work of Hans von Hentig (1948) formed the foundation for later theories of victim precipitation.

“VICTIMLESS” CRIMES

So-called “victimless crimes” are defined as an individual act involving (a) only one person, or (b) the exchange of goods or services between two or more consenting adults. Because victimless crimes are consensual in nature, it is debatable whether any victimization occurs. Examples of victimless crimes include drug abuse, public intoxication, gambling, prostitution, vagrancy, and certain voluntary sexual behaviors.

The reason why victimless crimes are controversial is most often due to the varying perspective of the debaters. Sociologists and philosophers may have valid views ranging from non-prosecution of participants to legislating against the acts or conduct. The rationale behind the prohibition of victimless crimes includes, but is not limited to, the perceived esteem devaluation in the involved participants, and the costs incurred in investigating and prosecuting those engaged in such conduct.

It is understood that there are multiple reasons why a sex worker may sell sexual services to others in order to survive economically in today’s society. One of the main reasons why sex workers turn to sex work is because it may be the best option afforded to them. If a person is in abject poverty and has few realistic alternatives for work, selling sexual services may be the best way to make ends meet. Others may have been forced into prostitution as a result of sex trafficking. Still others choose the sex trade because it affords them better pay and work hour flexibility. Finally, some may pursue sex work in order to explore and express their sexuality (Open Society Foundations, 2009).

DOMESTIC VIOLENCE AND THE DOMESTIC VIOLENCE PROTECTION ACT

The U.S. Department of Justice defines domestic violence as “a pattern of abusive behavior in any relationship that is used by one partner to gain or maintain control over another intimate partner” (Office on Violence Against Women, 2023, para. 1). What is sometimes misunderstood is that domestic violence is not only inflicted physically; it can be manifested in psychological, controlling ways as well. Anyone, regardless of age, gender, race, or sexual orientation, may be a victim of domestic violence or abuse. An unequal power dynamic is typically present, where one partner in a relationship attempts to assert control over another in a number of ways. Classic examples of controlling behavior include choosing with whom they socialize, providing a meager “allowance” of money even though there are more available funds on hand, and routinely taking away choices. Additionally, the controlling party may use children, other family members, and even pets as emotional leverage to get the victim to do the abuser’s bidding.

In Washington State, the definition of a domestic relationship has been expanded to include “family members” and “intimate partners” (Wash. Rev. Code § 7.105.010, 2021). “Family members” under Section 13 of the law are:

• Adult persons related by blood or marriage
• Adult persons who are presently residing together or who have resided together in the past
• Persons who have a biological or legal parent-child relationship, including stepparents, stepchildren, grandparents, and grandchildren

“Intimate partners” under Section 20 of are:

• Spouses or domestic partners
• Former spouses or former domestic partners
• Persons who have a child in common regardless of whether they have been married or have lived together at any time
• Adult persons presently or previously residing together who have or have had a dating relationship
• Persons 16 years of age or older who are presently residing together or who have resided together in the past and who have or have had a dating relationship
• Persons 16 years of age or older with whom a person 16 years of age or older has or has had a dating relationship

As can be seen by the broad list above, domestic violence and abuse cuts across a far wider spectrum of society than normally thought. Some common types of domestic violence include (Office on Violence Against Women, 2023):

• Physical abuse: using force or the threat of violence to injure or intimidate
• Sexual abuse: forcing or coercing a victim to engage in unwanted sexual acts
• Emotional abuse: undermining the victim’s self-esteem, confidence, or identity
• Psychological abuse: manipulating, threatening, or isolating a victim
• Financial abuse: restricting or sabotaging the victim’s access to money or resources
• Digital/online abuse: monitoring, harassing, or controlling a victim’s online activity
• “Honor-based” abuse: using cultural or religious norms to justify violence or coercion against a victim

Today’s abuser has the added advantage of using technology against their victim. Examples include using tracking devices to follow the victim’s movements, bombarding the victim with text messaging, and manipulating and harassing the victim through digital home systems, such as thermostats, alarm systems, and lighting.

Why do victims stay with their abusers? Many times victims are afraid they will lose their shelter or income if they leave their abuser or if the abuser is arrested and convicted of their crimes. Others fear injury if they take action against the perpetrator. If children are involved, concern about shame and family destabilization can be a deciding factors against reporting. Yet others occupy respected positions within their community and therefore are reluctant to speak out (Wiener et al., 2022).

Contrary to popular belief, there is no actual singular “crime” of domestic violence. Instead, there are no fewer than 23 separate crimes in Washington State that a person engaged in domestic violence or abuse will be charged with if committed against someone listed in Section 20 above; this is known as a domestic violence enhancement (Wash. Rev. Code § 7.105.050, 2021). Two examples are:

• An individual is in a dating relationship with another. In an angry moment in a bar, one slaps the other in public. The police are called in to investigate. The police determine who the primary aggressor is, and that person will be charged with assault in the 4th degree-domestic violence.
• Three weeks later, the party who was slapped finally has a chance to get even with the primary aggressing party. Going out to the parking lot after dark, the party who was slapped uses a sharp object to slash the partner’s car tires. This action is captured on a doorbell camera, and the recording is later submitted to the police. The tire slasher is identified, arrested, and booked for the crime of malicious mischief in the 2nd degree-domestic violence.

When a crime of domestic violence is reported, the role of the police is to (a) make an impartial investigation of the facts, (b) enforce the laws allegedly violated, (c) determine whether a domestic relationship exists, and (d) protect the complaining party. The primary goals of a domestic violence investigation is to determine who is the primary aggressor—the person who initiated the criminal act that prompted the complaint—and exercise police powers of arrest if probable cause to arrest exists. In addition, the police must provide the victim with resources and information on the victim’s rights to seek protective orders, shelters, medical treatment options, and similar information and assistance.

What if the officer has difficulty determining who the primary aggressor is? Imagine in the first example that the two parties break out in a fistfight. When officers arrive, both parties are still fighting. Both have signs of injury, and no witnesses are present. The officers still need to investigate impartially, hear both sides of the argument, determine whether a domestic relationship exists, and evaluate whether one party’s injuries were caused by defensive actions. If the officers believe that probable cause exists but that both parties were mutual combatants and one may have been as much as a primary aggressor as the other, both may be arrested. In this case, both subjects are considered victims and entitled to victim resources under the law. Additionally, if the police make a good faith effort to determine the primary aggressor and later discover after arresting that party that they were not the aggressing party and should not have been arrested, the officer would receive immunity from false arrest under Washington State law (Wash. Rev. Code § 10.99.070, 1979).

VICTIMS’ RIGHTS

The U.S. criminal justice system initially introduced services for the victims of federal criminal offenses in the 1980s. These first steps were codified into law by Congress in the 1990s with the creation of the Victims’ Rights and Restitution Act (1990) (VRRA); the Crime Victims Rights Act was enacted in 2004. Section 502 of the VVRA requires all federal law enforcement agency officers and employees to make their best efforts to ensure the following rights for crime victims:

• The right to be treated with fairness and with respect for the victim’s dignity and privacy
• The right to be reasonably protected from the accused offenders
• The right to be notified of court proceedings
• The right to be present at all public court proceedings related to the offense, under certain conditions
• The right to confer with attorney for the government in the case
• The right to restitution
• The right to information about the conviction, sentencing, imprisonment, and release of the offender

Section 503 of the VVRA directs federal law enforcement agency officers to provide certain services to victims of a crime. These include informing them where to receive medical care and counseling; arranging protection from an offender; and keeping the victim informed of developments during the investigation and prosecution of the crime and after the trial. Victims also have the right to inform the courts on how the crime has impacted them. They can do this in writing by filling out a victim impact statement and, in some cases, by asking the court for an opportunity to address the court and the convicted individual at sentencing.

Victimization is a complex concept. It may occur in one stunning instance or arise again and again if causal circumstances persist. Revictimizing traumatized witnesses to and victims of crimes such as sexual assault or violent crimes also can create devastating, lifelong consequences for these individuals that go well beyond embarrassment and social stigma.

Crime Victims, Survivors, and Witnesses

The above rights vary from state to state and can be different if the crime was committed on federal, tribal government, or military installation grounds. Certain state laws further identify circumstances under which victims, survivors, and witnesses are entitled to resources, compensation, and other assistance. Section 769.030 (1981) of the Revised Code of Washington, the rights of victims, survivors, and witnesses, states that a reasonable effort shall be made to ensure that crime victims, victims’ survivors, and witnesses have certain services and rights made available to them. This effort extends to both adult criminal courts and any proceeding in juvenile court. These rights include, but are not limited to, receipt of a written statement of the crime victim’s rights, information regarding the final disposition of the case, and protection from harm and threats of harm resulting from cooperation with law enforcement or the prosecutor. Other conditions, resources, and assistance identified in this law include (a) the return of stolen or personal property after evidentiary requirements are met, (b) the provision of expeditious medical care, (c) victim impact statements for the sentencing phase, (d) submissions of restitution requests to the court, (e) notification of schedule changes in court proceedings, (f) information on how to apply for and receive witness fees, and (g) a secure seating area that avoids close proximity to a defendant and the defendant’s family and friends.

Some victims and witnesses of crimes fear losing their employment or benefits due to the court process. The Washington statute provides for appropriate employer intercession services to ensure that employers cooperate with those employees who have been impacted by crime. In some cases, crime victim advocates may also be assigned.

Child and Dependent Crime Victims, Survivors, and Witnesses

Chapter 7.69 of the Revised Code of Washington, specifically Sections 7.69A (1985) and 7.69B (2005), addresses the fact that persons under the age of  18 and persons who are dependent on another to provide their basic necessities of life due to a physical or mental disability or extreme advanced age can also be victimized or injured by criminal acts. In addition to the rights and services afforded to other crime victims, children and dependent victims, survivors, and witnesses are entitled to have all legal proceedings explained to them in language they can easily understand. Other rights may include access to legal services, specifically lawyers early in the process, and advocates to provide assistance.

Alien Victims of Crime

Due to the increase in human trafficking and the likelihood that victims may have been kidnapped, youth and vulnerable persons are especially subjected to physical and mental injury. In some cases, the victims are “alien victims of crime,” as referenced in Wash. Rev. Code § 7.98 (2018). Washington State also has enacted the Safety and Access for Immigration Victims Act (Washington State Department of Commerce, n.d.). The Washington State Legislature has determined that “ensuring that all victims of crimes are able to access the protections available to them under law is in the best interest of these victims, law enforcement, and the entire community” (Wash. Rev. Code § 7.98 § 005, 2018). These laws were enacted in 2018 in an effort to address the victimization unique to the trafficking of persons, domestic violence, sexual assault, and other crimes.

One challenge in dealing with undocumented immigrants who are victims of crimes is that they are often reluctant to cooperate with or contact law enforcement (U.S. Department of Homeland Security, 2024). Law enforcement agencies enforcing federal immigration laws are able to investigate and certify a person’s status as related to a trafficking event. Such certification expedites advising alien victims of crime of their right to be protected from harm and the services to which they may be entitled.

Attributions

1. Figure 4.10: Gambling2 by Tasha92 is released under CC BY-SA 4.0
2. Figure 4.11: Illustrative: The face of domestic violence (Third Place) [Image 2 of 5] by U.S. Air Force/Senior Airman Rusty Frank in the public domain; Copyright holder released work into the public domain.
3. Figure 4.12: Crime Victim Rights by Maryland GovPics is released under CC BY 2.0