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. It should be pointed out that his efforts were controversial, in that Mendelsohn placed considerable emphasis on attitudes of victims 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 the efforts of Mendelsohn to explain certain aspects of victim typologies, most tended to refine Mendelsohn’s list and add other elements that comported with their views. One example was submitted by Hans Von Hentig in 1948. Von Hentig retained some of the situational factors considered by Mendelsohn, then contributed the role of biological, sociological and psychological factors which 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 down side to Von Hentig’s typology attempt 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 Von Hentig (1948) formed the foundation for later theories of victim precipitation.

“VICTIMLESS” CRIMES

So-called “victimless crimes” are described as an individual act involving only one person, or the exchange of goods or services between two or more consenting adults who are willing participants. Due to being consensual in nature, it is debatable as to whether a victimization occurs. Some examples of victimless crimes include drug abuse, being intoxicated in public, gambling, prostitution, vagrancy, and certain voluntary sexual behaviors.

The reasons why victimless crimes are controversial are most often due to the perspective of the debaters. Sociologists and philosophers may have valid perspectives ranging all the way from non-prosecution of participants, to legislating against the acts or conduct. The argument for prohibition against victimless crimes include, but are not limited to, the perception of esteem devaluation of the involved participants, and the costs incurred to law enforcement seeking to investigate and instigate prosecutions for the legislation in the name of the rights of the people.

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 have turned to do 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 be 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 physically inflicted; 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 the others in a number of ways. Choosing with whom they socialize, providing a meager “allowance” of money to the person even though there is more available funds on hand, and taking away other choices routinely are classic examples of controlling behavior. Additionally, the controlling party may use children or other family members, and even pets, as emotional leverage in order to get the victim to do the bidding of the abuser.

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

• 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, to include stepparents and stepchildren, and grandparents and grandchildren

“Intimate partners” are defined under the law (§ 20) to mean:

• 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 considered.

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 victims. Examples include tracking devices in order to follow the victim’s movements, bombarding the victim with text messaging, and even through manipulation and harassment using digital home systems like thermostats, alarm systems and lighting.

Why do victims stay with their abusers? Many times victims are afraid of loss of shelter or income if they should leave their abuser, or if the violating party were to be arrested and convicted of their crimes. Others fear injury if they retaliate against the perpetrator. If children are involved, concern about shame and family destabilization can be a deciding factor against reporting. Yet others occupy respected positions within their community, and as such 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 which will, if committed against someone listed above, be charged with what is known as a domestic violence enhancement (Wash. Rev. Code § 7.105.050, 2021). Examples:

• 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 to investigate. The primary aggressor will be determined by the police, and 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 tires on their car. Unknown at the time, the action is captured on a doorbell camera, which is submitted to the police later. The tire slasher is identified, arrested and booked for the crime of Malicious Mischief in the 2nd Degree-Domestic Violence.

THE POLICE ROLE IN DOMESTIC VIOLENCE RESPONSE

When a crime of domestic violence is reported, the role of the police is to make an impartial investigation of the facts, to enforce the laws allegedly violated, to determine if a domestic relationship exists, and to protect the complaining party. Inherent into a domestic violence investigation is to determine who is the primary aggressor–the person who initiated the criminal act which prompted the complaint–and exercise police powers of arrest if probable cause to arrest exists. Finally, the police must provide the victim with resources, to include the victim’s rights to seek orders for protection. The victim should be provided with information regarding 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, if the two parties break out in a fistfight. When officers arrive, both parties are still engaged in fighting. Both have signs of injury, and no witnesses are present in this example. The officers still need to investigate impartially, hear both sides of the argument, determine if a domestic relationship exists, examine if one party’s injuries were caused by defensive actions, etc. If the officers believe that probable cause exists but the belief of the officers is 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 after arresting that party it is learned that they were not the aggressing party and should not have been arrested, in Washington state the officer(s) would receive immunity from false arrest (Wash. Rev. Code § 10.99.070, 1979).

VICTIMS’ RIGHTS

The Victims’ Rights and Restitution Act (1990) describes the services that the federal government is required to provide to victims of federal crime. The Crime Victims’ Rights Act (2004) enumerates and explains the rights afforded to these victims under federal authority, along with mechanisms of enforcement.

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 in the creation of the Victims’ Rights and Restitution Act (1990). This Act requires all Federal law enforcement agency officers and employees to make their best efforts to ensure the following rights for victims of crime:

(1) The right to be treated with fairness and with respect for the victim’s dignity and privacy; (2) The right to be reasonably protected from the accused offenders; (3) The right to be notified of court proceedings; (4) The right to be present at all public court proceedings related to the offense [under certain conditions]; (5) The right to confer with attorney for the Government in the case; (6) The right to restitution; and (7) The right to information about the conviction, sentencing, imprisonment, and release of the offender. (§ 502)

The Victims’ Rights and Restitution Act (1990) also directs Federal law enforcement agency officers to provide certain services to victims of a crime (§ 503), such as: 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 such as the arrest of a suspected offender or an escape of a convicted offender.

Victims also have the right to inform the courts with regard to how the crime has impacted them. They can do this either in writing, by filling out a Victim Impact Statement, and, in some cases, can ask the court for an opportunity to address the court and convicted individual at sentencing.

It is important to remember that the above rights may vary from state to state, and to whether the venue where the crime was committed was on Federal, tribal government, or military installation.

Certain state laws – in Washington state, most significantly the Rights of victims, survivors, and witnesses (Wash. Rev. Code § 7.69.030, 1981) — further identify circumstances under which victims, survivors and witnesses are entitled to resources, compensation, and other assistance. Rights here include being provided with a written statement of rights of the crime victim, to be informed of final case disposition in which a victim/survivor/witness is involved, and receive protection from harm or threats of harm arising out of cooperation with law enforcement. Other conditions, resources and assistance are identified in this law as well, including return of stolen or personal property after evidentiary requirements are met, to have expeditious medical care afforded when a crime is committed, and to make victim impact statements and submit a request for restitution to the court when victimized.

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

Crime Victims, Survivors and Witnesses

The Washington State Legislature has stated in Wash. Rev. Code § 7.69.030 (1981) that a reasonable effort shall be made to ensure that victims, survivors of victims, and witnesses of crimes have certain services and rights made available to them. This effort is not exclusive to adult criminal courts–it extends to any proceeding in juvenile court also. These rights include, but are not limited to, receipt of a written statement of the rights of the crime, information regarding the final disposition of the case, and to be protected from harm and threats of harm as a result of cooperation with law enforcement and/or the prosecutor. Other rights exist in this statute regarding notification of schedule changes in court proceedings, how to apply for and receive witness fees, and to be able to wait in an area secured from having to be seated in close proximity to a defendant and/or the defendant’s family and friends.

Some victims and witnesses of crimes fear losing their employment or benefits due to the court process. Appropriate employer intercession services are provided in statute to ensure the cooperation of employers to cooperate with those employees who have been impacted by crime. Also, in some cases, crime victim advocates may also be assigned, and victims will be able to submit and present a victim’s impact statement to the court, during the sentencing phase.

Youthful and Dependent Crime Victims, Survivors and Witnesses

Washington state statutes included in Wash. Rev. Code § 7.69A (1985) and Wash. Rev. Code § 7.69B (2005) address the fact that young persons who are less than 18 years of age, and persons who, due to physical or mental disability or extreme advanced age, are dependent upon another person to provide the basic necessities of life, are also subject to being victimized or injured by criminal acts. In addition to the rights and services afforded to other crime victims, youthful and dependent victims, survivors and witnesses are entitled to have all legal proceedings explained to them in language that is easily understood by the youth or dependent person. 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 of criminal acts of human trafficking, and the fact that victims may have been kidnapped or otherwise asported (moved, such as in acts of custodial interference), youth and vulnerable persons are especially subjected to physical and mental injury. In some cases the victims are “alien victims of crime,” as defined in Wash. Rev. Code § 7.98 (2018). However, Washington state also has documentation that is known as the “Safety and Access for Immigration Victims Act” (Washington State Department of Commerce, n.d.). In Washington state, the 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 trafficking in persons, domestic violence, sexual assault and other crimes.

One challenge when 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, working within federal immigration laws, are able to investigate and certify a person’s status as related to the trafficking event, in an effort to expedite communication of the rights of protection from harm the person enjoys, as well as 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