Neuman Vida en Su Memoria

Tokiwa International Victimology Institute Journal
International Perspectives In Victimology

Volume 6 Number 1 August 2011
Tokiwa University, Mito, Japan
International Perspectives in Victimology

Editor-in-Chief Managing Editor John P. J. Dussich Ph.D. Kieran G. Mundy Ph.D. Director Tokiwa International Victimology Institute, Japan and California State University, Fresno, USA Tokiwa International Victimology Institute, Japan
CONSULTING EDITORS
K. Chockalingam Ph.D. Tokiwa International Victimology Institute Japan Jan J. M. van Dijk Ph.D. INTERVICT The Netherlands Ezzat Fattah Ph.D. Simon Fraser University Canada Paul C. Friday Ph.D. University of North Carolina at Charlotte USA Marc S. Groenhuijsen Ph.D. INTERVICT The Netherlands Robert A. Jerin Ph.D. Endicott College USA Guo Jian An LL.M. Institute for Crime Prevention and Criminal Reform China Gerd F. Kirchhoff Dr.jur. Tokiwa International Victimology Institute Japan C. Raj Kumar LL.M. O. P. Jindal Global University India Simha F. Landau Ph.D. Hebrew University Israel Hilda Marchiori Ph.D. National University of Crdoba Argentina Susumu Nagai M.Ed. Tokiwa International Victimology Institute Japan Haruo Nishimura Tokiwa University Japan Michael OConnell Attorney Generals Department South Australia George B. Palermo M.D. Ph.D. Medical College of Wisconsin & Marquette University USA Zvonimir P. eparovi Dr.jur. University of Zagreb Croatia
ASSOCIATE EDITORS
Ron Acierno Ph.D. Medical University of South Carolina USA Paul Babie D.Phil. The University of Adelaide Australia G. S. Bajpai Ph.D. National Law Institute University Bhopal India Fachri Bey S.H. MM. Universitas Indonusa Ega Unggul Indonesia Duncan Chappell Ph.D. University of Sydney Australia Cathy T. H. Chen Ph.D. National Chung-Cheng University Taiwan Ron Claassen D.Min. Fresno Pacific University USA Kris Clarke Ph.D. California State University, Fresno USA Robert C. Davis RAND Corporation USA Kristiana J. Dixon California State University, Fresno USA Anna Alvazzi del Frate Ph.D. Small Arms Survey Geneva Switzerland Mario T. Gaboury Ph.D. University of New Haven USA Sam Garkawe Ph.D. Southern Cross University Australia Albert R. Hauber Ph.D. University of Leiden The Netherlands Marianne Hilf Ph.D. University of St. Gallen Switzerland Shihlung Huang Ph.D. California State University, Sacramento USA Andrew Karmen Ph.D. John Jay College of Criminal Justice USA Helmut Kury Ph.D. Max Planck Institute for Foreign & International Penal Law Germany
Guo-an Ma Ph.D. Shanghai University of Finance & Economics China Chie Maekoya Tokiwa International Victimology Institute Japan Thomas Maier Ph.D. University Hospital, Zurich Switzerland John F. McDevitt Ph.D. Northeastern University USA Julia Mller Ph.D. University Hospital, Zurich Switzerland Bernadette T. Muscat Ph.D. California State University, Fresno USA Satomi Nakajima M.D. National Center for Neurology & Psychiatry Japan Lisa Nerenberg MSW MPH Consultant, Redwood City, California USA Annette Pearson de Gonzalez Lic. Bogot Colombia Prasanna Poornachandra Ph.D. The International Foundation for Crime Prevention & Victim Care India
Xin Ren Ph.D. California State University, Sacramento USA Duane Ruth-Heffelbower J.D. Fresno Pacific University USA Armando Saponaro Ph.D. University of Bari Italy Jill Schellenberg Fresno Pacific University USA Ulrich Schnyder M.D. University Hospital, Zurich Switzerland Beulah Shekhar Ph.D. Manonmaniam Sundaranar University India Shanker Kumar Shrestha Ph.D. Kathmandu Nepal Victor R. Sotelo Tamayo Ph.D. Instituto de Victimologia de Per Peru Yoshiko Takahashi Ph.D. California State University, Fresno USA Toshio Tatara Ph.D. Shukutoku University Japan
Tod Tollefson INTERVICT The Netherlands Thomas Underwood Ph.D. Washburn University USA Manohar Upreti Kathmandu Nepal Elmar Weitekamp Ph.D. University of Tuebingen Germany Jo-Anne Wemmers Ph.D. Universit de Montral Canada Frans Willem Winkel Ph.D. INTERVICT The Netherlands Arthur Wint J.D. California State University, Fresno USA Lutz Wittmann Ph.D. University Hospital Zurich Switzerland
EDITORIAL OFFICE
Y. Sakaba Tokiwa International Victimology Institute Japan C. Millar California State University Fresno USA M. Otake Tokiwa International Victimology Institute Japan Robert Betts Tokiwa University Japan
In Memoriam
Professor Dr. Elas Neuman

Una gran tristeza para los que trabajamos en Victimologa, el Derecho Penal, y Criminologa ha provocado la partida de nuestro amigo Elas Neuman. Un intelectual, investigador comprometido, coherente con las ideas y sus acciones en defensa de las personas mas vulnerables. El Profesor Elas Neuman estudi en la Universidad de Buenos Aires, fue discpulo de un gran Maestro del Derecho Penal y la Criminologa, el profesor espaol Luis Jimnez de Asa, quien lo apoy en los estudios e investigaciones, en su preocupacin por la problemtica penitenciaria. Joven amigo Neuman, estudie Criminologa, Derecho Penitenciario. Neuman refera Jimnez de Asua me alent con su generoso corazn, ese mismo corazn que lo impuls a gritar como a Concepcin Arenal, Dorado Montero, Bernardo de Quirz, Ruiz Funes, y al maestro mexicano Alfonso Quirz Cuarn, el horror ante las prisiones tradicionales nacidas o desviadas hacia la opresin, la contencin de seres humanos, el depsito. El hombre en prisin y las respuestas contradictorias institucionales, sociales y culturales, constituy el gran impulsor de los trabajos de Elas Neuman. Sus numeroso y valiosos libros: Prisin abierta. Una nueva experiencia penolgica (1962) tesis doctoral recomendada al premio Facultad de la Universidad de Buenos Aires; La Prevencin de la delincuencia en Israel (1964) con prlogo del Dr. Luis Jimnez de Asa; El problema sexual en las crceles (1965); La sociedad carcelaria (1968) en co-autoria con V. Irurzun; Problemas actuales de la Criminologa Argentina (1970) en co-autoria con J. Argibay Molina, Beiderman, Irurzun, Moras Mom; Evolucin de la pena privativa de libertad y regmenes carcelarios (1971); Las penas de un penalista (1976); La sociedad de la droga (1979); Dilogos con drogadictos (1984); Crnica de muertes silenciadas (1985)Criminologa y dignidad Humana (1989) bellsimos dilogos existenciales con el Profesor espaol Antonio Beristain; Las vctimas del sistema penal (1985) El patrn, radiografa de un crimen(1988); Los que viven del delito y la delincuencia como industria (1991); La legalizacin de la droga (1992); El abuso del poder en la Argentina y otros pases latinoamericanos (1994); Los homicidios de cada da (1994); Corrupcin, drogas y neocolonialismo (1995); Mediacin y Conciliacin Penal (1997); Sida en prisin, un genocidio actual (1999);El estado penal y la prisin-muerte (2001) Pena de muerte, crueldad legislada (2004); La mediacin penal y la Justicia Restaurativa (2005).
The departure of our friend Elas Neuman has left a great sadness for those who work in victimology, criminal law, and criminology. As an intellectual and a committed researcher, and consistent with his ideas and actions, he defended the most vulnerable. Professor Elas Neuman studied at the University of Buenos Aires, was a disciple of the great Master of Criminal Law and Criminology, the Spanish professor, Luis Jimnez de Asua, who relied on him for his studies and research concerning the prison problem. Young friend, Neuman, studies Criminology and Prison Law, Jimnez de Asua used to say. Neuman would comment about his mentor that, Jimenez de Asua encouraged me with his generous heart, that heart that prompted me to also scream as did Concepcin Arenal, Dorado Montero, Bernardo Quiroz, Ruiz Funes, and the Mexican master Alfonso Quiroz Cuarn, at the horror of traditional prisons that were born to oppress and contain human beings. The man in prison and these contradictory institutional, social and cultural responses were the driving forces behind the work of Elas Neuman. His large and valuable books: Prisin abierta. Una nueva experiencia penolgica (1962), a doctoral thesis recommended for a Faculty Award at the University of Buenos Aires; La Prevencin de la delincuencia en Israel (1964), with a foreword written by Dr. Luis Jimnez de Asa; El problema sexual en las crceles (1965); La sociedad carcelaria (1968), co-authored with V. Irurzun; Problemas actuales de la Criminologa Argentina (1970), co-authored with J. Argibay Molina, Beiderman, Irurzun, and Moras Mom; Evolucin de la pena privativa de libertad y regmenes carcelarios (1971); Las penas de un penalista (1976); La sociedad de la droga (1979); Dilogos con drogadictos (1984); Crnica de muertes silenciadas (1985); Criminologa y dignidad Humana (1989), a beautiful existential dialogue with Spanish Professor Antonio Beristain; Las vctimas del sistema penal (1985); El patrn, radiografa de un crimen(1988); Los que viven del delito y la delincuencia como industria (1991); La legalizacin de la droga (1992); El abuso del poder en la Argentina y otros pases latinoamericanos (1994); Los homicidios de cada da (1994); Corrupcin, drogas y neocolonialismo (1995); Mediacin y Conciliacin Penal (1997); Sida en prisin, un genocidio actual (1999);El estado penal y la prisin-muerte (2001) Pena de muerte, crueldad legislada (2004); La mediacin penal y la Justicia Restaurativa (2005).
Libros que muestran las humillantes condiciones de los sistemas penitenciarias pero donde- siempre en sus librosseala y marca claramente- que otra respuesta social es posible. Por ello ante el colapso de las crceles, su fracaso, las vctimas del sistema penal, afirma la importancia de las instituciones abiertas, los sistemas alternativos, la mediacin. Denunci la impunidad de los poderosos, la selectividad del sistema penal; los estereotipos delincuenciales; luch siempre por la integridad del hombre, explicada en su poesa, su humanismo y sensibilidad social. Conoc a Neuman a fines de la dcada 1960 en un congreso penitenciario celebrado en Buenos Aires y organizado por un sacerdote-el Padre Iaki de Aizpiazu- que ayudaba en la difcil etapa de la salida post-penitenciaria. Desde esa poca fuimos amigos, intercambiando cartas, notas, publicaciones sobre Criminologa y Victimologa, compartiendo ilusiones de un mundo sin violencia; por mi parte, admirando su valenta y coraje frente a las distintas y duras etapas polticas y sociales de Argentina. Cuando falleci el Profesor Israel Drapkin le ofrecieron la direccin del Instituto de Criminologa de la Universidad Hebrea de Jerusalem, Neuman se traslad a Israel por un tiempo pero regres a su Buenos Aires querido, amaba sus calles, los tangos, le gustaba cantar los tangos del lunfardo porteo, palabras que contenan un profundo sentido existencial. Neuman de una fuerte personalidad, crtico, con una agudeza y fina irona en sus analisis, un particular sentido del humor expresaba para mi el xito nunca pas por lo que opinaran los otros, mi plan humano desemboca por otros carriles, para mi el xito es una suerte de aplauso de mi corazn contra mi propio pecho, una cosa ntima de la gestacin y creacin que le pertenece a uno y tambin frente al deber cumplido. Neuman fue un gran impulsor de la Victimologa en Latinoamrica, en especial por su labor docente en seminarios y sus conferencias en distintas universidades de la regin. Escribi numerosos artculos y tres obras fundamentales: Victimologa. El rol de la vctima en los delitos convencionales y no convencionales (1984); Victimologa y Control Social. Las vctimas del sistema penal (1994); Victimologa Supranacional. El acoso a la soberana (1995). El primero de sus libros de Victimologa describe el desarrollo de la Victimologa, y los aspectos relevantes de esta nueva ciencia; se refiere : a) Vctimas individuales, sin actitud victimal, con actitud victimal, con actitud victimal dolosa. b) Vctimas familiares, nios golpeados, explotados econmicamente, mujeres maltratadas, delitos del mbito conyugal. c) Vctimas colectivas, comprenden: la comunidad como nacin, la comunidad social, determinados grupos comunitarios por medio del sistema penal, vctimas de la sociedad o del sistema social. El segundo libro, contempla a las vctimas del sistema penal, con un enfoque social-existencialista, que caracteriza toda su obra, se refiere al delincuente institucionalizado reincidente- como a una vctima pre-determinada por una sociedad post-industrial, su victimizacin como imputado y luego la victimizacin carcelaria y el liberado como vctima. En su trabajo seala que el mundo de seres victimizados va mucho ms all de aquellas personas que los delincuentes perjudican con su agresin, expresa que basta reflexionar
Although in these books he showed the humiliating conditions of the prison systems, he never gave up the idea that a social answer was possible. So, before giving in to the collapse of prisons, their failure, or accepting the victims of the penal system, he said, it is important to consider open institutions, alternative systems, and mediation. He denounced the impunity of the powerful, the selectivity of the criminal justice system, criminal stereotypes, and always fought for the integrity of mankind, which was explained in his poetry, in his humanism and in his social sensitivity. I met Neuman in late 1960 at a Prison Conference held in Buenos Aires and organized by a priest, Father Iaki de Aizpaizu, who helped offenders in the difficult stage of post-prison release. Since that time we were friends, exchanging letters, notes, publications on criminology and victimology, sharing dreams of a world without violence, for my part, admiring his courage and bravery against the different and harsh policies at different social phases in Argentina. He was appointed as Director of the Institute of Criminology at the Hebrew University of Jerusalem, after Professor Israel Drapkin died. Neuman moved to Israel for a while but returned to his beloved Buenos Aires, with its streets, tangos (he loved to sing tangos), Buenos Aires slang, and words containing a deep existential sense. Neuuman had a strong personality, was a critic with a fine wit, used irony in his analyses, and had a particular sense of humor which he expressed: for me, the success of a thought never went through the others opinions, but rather it went through my human plan which lead to other lanes, and it was is a kind of applause from my heart in my own chest, an intimate thing of gestation and creation that belonged to me and yet at the forefront it accomplished its duty. Neuman was a great promoter of victimology in Latin America, especially by teaching at seminars and lectures at various universities in the region. He wrote numerous articles and three major works: Victimologa: El rol de la vctima en los delitos convencionales y no convencionales (1984); Victimologa y Control Social: Las vctimas del sistema penal (1994); and, Victimologa Supranacional: El acoso a la soberana (1995). The first of his books described the development of victimology and the relevant aspects of this new science; it referred to: a) Individual victims, without a victimhood attitude, with a victimhood attitude, and with an intentional victimhood attitude; b) Family victims, battered children, those exploited economically, battered women, crimes inside the marital field; c) Collective victims include - the community and nation, the social community, some community groups through the criminal justice system, and victims of society or social systems. His second book included victims of criminal justice systems, a socialextentialist approach that characterized all of his work, referred to the institutionalized offender-recidivist-offender as a pre-detrmined victim by a post-industrialized society, their victimization as accused, later priosn victimization, and the released offender as a victim. His work indicates that the world of victmized people goes far beyond those whom criminals harm with their aggression. He said that just thinking about the 40,000 children who die daily in the world displays roughly the extent of the social problem of
sobre los 40.000 nios que mueren a diario en el mundo para visualizar a grandes rasgos el problema de las vctimas sociales que abre, entre otras cosas, el campo nosolgico de la Victimologa. Siempre afirmaba en sus escritos y conferencias, Cuando se niega el Derecho y se humilla a un hombre, la violacin de esos Derechos debe afectar a todos. Lo que es el hombre eso es la humanidad. La triloga victimolgica se completa con Victimologa Supranacional donde describe el acoso a la soberana territorial e institucional que ejercen los pases centrales, los efectos de las deudas externan en los pueblos latinoamericanos, la pobreza y la exclusin. Elas Neuman recibi numerosas distinciones de Universidades, Sociedades de Victimologa, Criminologa y Derecho Penal. La World Society of Victimology lo distingui con dos importantes Premios, el de Appreciation (1994) y el de Honorary Member (2003). El Profesor Dr. Elas Neuman falleci el 8 de abril de 2011 en la Ciudad de Buenos Aires. Nuestro afecto, admiracin y agradecimiento por sus sabias enseanzas. Dra. Hilda Marchiori
vicitms that opens, amongst other things, the nosological field of victimology. In his writing and lectures, he always claimed, When you deny the law and humiliate a man, the violation of those rights should affect everybody. What man is, that is humanity. The Victimology trilogy was completed with Supranational Victimology which described the harassment and institutional territorial sovereignty exercised by dominant countries, and the effects of foreign debt on Latin American people, their poverty, and exclusion. Elas Neuman received numerous awards from universities, and from societies of victimology, criminology and criminal law. The World Society of Victimology honoured him with two major awards, of appreciation in 1994, and as an Honorary Member in 2003. Prof. Dr. Elas Neuman died on April 8, 2011 in the City of Buenos Aires. With this statement, we declare our affection, admiration, and gratitude for his wise teachings.

CONTENTS
Editorial John P. J. Dussich Words Matter: Defining Victims in State Domestic Violence Statutes Peter English The Paradoxical Approach to Intimate Partner Violence in Finland Kris Clarke Relations Between Maternal Attitudes Toward Bullying and Childrens Bullying and Peer Victimization Status Juliana L. Raskauskas, Ingrid M. Cordn & Gail S. Goodman Secondary Trauma of Law Enforcement Officers in Tamil Nadu, India Beulah Shekhar & Vijaya Somasundaram Influence of Psycho-Demographic Factors on Fear of Crime Among Multi-Nationals in Lagos, Nigeria Adebayo O. Adejumo Restorative Justice and the Status of Victims in Criminal Proceedings: The Past and Future of Victims Rights Joanna Beata Banach-Gutierrez Brief Communications Restorative Justice: Innovative Conflict Resolution for Family Violence in Thailand Angkana Boonsit, Suwatchara Piemyat & Ron Claassen Book Reviews Forensic Victimology: Examining Violent Crime Victims in Investigative and Legal Contexts, by Brent E. Turvey and Wayne Petherick Candice A. Skrapec The New Faces of Victimhood: Globalization, Transnational Crimes and Victim Rights, Edited by Rianne Letschert and Jan van Dijk Michael Platzer 1
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Tokiwa International Victimology Institute Journal International Perspectives in Victimology Volume 6, Number 1 Copyright 2011 Tokiwa International Victimology Institute (TIVI) Tokiwa University 1-430-1, Miwa, Mito-shi, Ibaraki-ken, Japan 310-8585 Tel: +81-(0)29-232-2865, Fax: +81-(0)29-232-2522 e-mail: tivi@tokiwa.ac.jp Website: http://www.tokiwa.ac.jp/~tivi/english/index.html All rights reserved ISSN 2156-6194 Published biannually for TIVI, Tokiwa University by The Press at California State University, Fresno Fresno, CA 93740-8024, USA
International Perspectives in Victimology 6 (1)
Editorial
This editorial titled Considering Vulnerability as a Viable Victimological Issue, is a commentary on the evolution of the concept of vulnerability within the context of victims and their proneness to victimization. The central themes are the concept of victim vulnerability, its role in understanding victimization, its link to repeat victimizations, how vulnerability is relevant to prevention strategies, about the trauma impact of different multiple victimizations on the same victim, especially child poly-victimization and a theoretical model suggested to integrate these concepts. The origins of the modern day word, vulnerable, come from Latin vulnus, a wound. Thus, vulnerare means to wound, and vulnerabilis means wounding (Collins, 2010). Clearly, this is a concept that has to do with a process that results in injury or damage of some type. In its contemporary application within the field of victimology, it is meant to describe a state of risk prior to victimization. Thus, vulnerable refers to the potential of being harmed psychically, socially, or physically. It represents conditions that are disadvantages to the wellbeing of persons (Lamborn, 1968). History The focus on vulnerable attributes as the key in determining risks that could lead to victimization can be found in the pioneering work of Hans von Hentig who studied the interactions between perpetrator and victim in what he called the Criminal-Victim Dyad (Schafer, 1977). Von Hentig (1941) developed three broad categorizations of victims: (a) general victims, for instance vulnerabilities based on age and/or gender; (b) psychological, based on the notion of victims who are depressed, acquisitive, or lonely; and (c) activating, that is the victim who transforms into an offender. He later developed these ideas by creating a vulnerability-based taxonomy in his seminal work, The Criminal and His Victim (1948). This taxonomy described how victims were responsible for their own harms. His proposed schema was based on psychological, social, and biological factors and used 13 specific vulnerabilities: 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. The Young. The Female. The Old. The Mentally Defective and Deranged. The Immigrants. The Minorities. The Dull Normals. The Depressed. The Acquisitive. The Wanton. The Lonesome and the Heartbroken. The Tormentor. The Blocked, Exempted, or Fighting.
Von Hentig recognized the importance of how certain characteristics made these people more prone to being victimized than others. Although it is unfortunate that von Hentig did not conduct empirical research to confirm the validity of his theoretical suggestions (Schafer, 1977, p. 34), used the information and tools available at the time to arrive at his conclusions. Beginning some 25 years later, the phenomenon of many victims being repeatedly victimized, often by the same offender, was observed and the term Recidivist Victim, began to be used (Johnson, Kerper, Hayes, & Killenger, 1973; Ziegenhagen, 1976). Of special note was how these victims seem to demonstrate unusual proneness to being revictimized. Then in 1978, Hindelang, Gottfredson and Garofalo published their book, Victims of personal crime: An empirical foundation for a theory of personal victimization, in which they presented a Lifestyle Exposure Theory based on the data garnered by the first American crime victim surveys. The model focused on the differential risks of victimization. A year later, the introduction of Routine Activities Theory focused on the circumstances of the criminal act, which require convergence in space and time of likely offenders, suitable targets
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and the absence of capable guardians against crime (Cohen & Felson, 1979, p. 587). Both Lifestyle Exposure Theory and Routine Activities Theory suggested that a persons risk of victimization is linked to their exposure to offender populations that, in turn, is dictated by their lifestyle activities. These findings revealed, not only that there are clear victim patterns associated with becoming victimized, but also that likes attracts like such that, because individuals are most likely to interact with those who are similar to themselves, individuals victimization risk is directly proportional to the number of characteristics they share with offenders (Schafer & Ruback, 2002). Since these early works, research on vulnerable victims and recidivist victims, and the application of this research in reducing victimizations received most attention in England and the United States supporting the notion that there is a strong positive association between offending and personal victimization (Schafer & Ruback, 2002). In a related study in England, and also based on data from newly conducted victimization surveys, a serendipitous discovery was made by Graham Farrell and Ken Pease in 1993 on the topic of Repeat Victimization. Although their initial intent was to identify patterns that would help to create prevention strategies to reduce crime victimization, in the process, they discovered a small proportion of the victims was victimized by a relatively large proportion of the total number of victimizations reported. That is, 4-5% of victims experienced 43-44% of the victimizations, a strong and persistent signal that emerged from the crime survey data between 1988 and 1992 (Farrell & Pease, 1993). The realization that such a small number of victims were the recipients of such a large proportion of the victimizations led to the development of prevention programs based on the unique vulnerabilities of these victims. These early initiatives continued the UK and have evolved into the Crime and Disorder Act (1998) that focused on the police and local government establishing partnerships at the local level (Hope, 2001), and in 2006 with passing of The Safeguarding Vulnerable Groups Act (Home Office, 2011). This latter legislation followed the murder of two schoolgirls and it was decided greater care needed ot be exercised in the vetting of professionals and volunteers working with children and vulnerable adults, in particular the way in which background checks are made, The recommendations were that a single agency needed to be established to vet all persons who, want to work or volunteer with children or vulnerable adults and to bar unsuitable people from doing so (Independent Safeguarding Authority, 2009). A few years later, Farrell and Sousa (2001) went further and compared the concepts of repeat victimization with the idea of hot spots. Hot spots are particular urban areas that demand a high degree of policing due to frequent and serious crimes. Research has shown that some people and some places are more likely to be victimized repeatedly than those outside these areas and among those who have never been victimized. The convergence of these two concepts is based on recent empirical findings and suggests that policing can be more effective in crime control by focusing on the vulnerabilities of both the areas and the victims who have been victimized frequently. Although still a relatively under-discussed topic, the theme of vulnerable populations was slow in drawing the attention of researchers and theorists until the publication about ten years later of an anthology edited by Charisse Coston (2004), titled Victimizing Vulnerable Groups: Images of Uniquely High-risk Crime Targets. The 25 essays in this landmark work clearly emphasize that among many different types of victimizations, some persons are more prone to being victimized than others, and that these vulnerabilities can be identified prior to victimization and that the patterns of vulnerability have significant relevance to victimization prevention policy. In the search for explaining repeat victimization, the focus on vulnerability offers valuable information about the contribution of the victim to her or his own victimizations. A related concept of multiple victimizations (also called poly-victimization) of an individual by different and similiar types of harm has been found to cause a victim to suffer at considerably higher levels of traumatic stress and is, a more powerful predictor of symptomatology than the presence of any particular type of victimization (Finkelhor, Ormrod, Turner, & Hamby, 2005, p. 1297; see also Finkelhor, Ormrod & Turner, 2007). Heretofore, most studies have emphasized narrow categories of victimization, essentially single types of experiences: namely, bullying, sexual assault, physically assault, and so on. However, the accumulation of victimizations over time by the same and/or different type of victimization has been largely ignored. It is this category of victimizations that Finkelhor and others in the studies reported above have called poly-victimization (Ellonen & Salmi, 2011). One of the dominant findings of poly-victimization studies is that, individuals who experience one type of maltreatment in childhood, are often exposed to additional types of maltreatment (Moeller, 2011, p. 13). Another important finding within this new body of research literature is that, individuals identified as poly-victims reported greater psychological distress than did non poly-victims (Moeller, 2011, p. 157). Clearly, this newly identified type of victim is of great significance in terms of identifying prevention and treatment strategies. It appears that these victims suffer more than non-poly-victims and, consequently, need more attention by the criminal justice system, by child protective agencies, by medical practitioners, and mental health providers.
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Vulnerability Theory In the search for a theoretical statement on vulnerability, a variety of models emerge. All that have been reviewed are too specific to any given discipline. In my opinion, the Psychosocial Coping Model provides the ideal theoretical structure to, not only serve as a viable explanation for all forms of victimizations, but also as a framework to use for delivering preventative strategies (Dussich, 1985; Dussich 2006). The Psychosocial Coping Model is focused on the availability of resources needed to cope within a given milieu. Each person has resources; some are adequate for that persons coping needs, and other resources fall short of that persons coping requirements. The resources of those people that fall short of the demands of a given milieu render those people vulnerable. Ones personal resources can be categorized into psychical, social, physical time and repertoire. Some of these resources can be self-managed while others are givens, and represent that part of the milieu that cannot be changed. Among those resource patterns that render one vulnerable, some can be modified to the extent they can render that person resilient (apposite to vulnerability). These patterns could be: (a) in the psychic realm, such as teaching life skills about the risks of certain types of relationships; (b) in the social realm, for example encouraging the person to add to their circle of friends; (c) in the physical realm by raising the level of health; (d) in the time realm by always planning well-in-advance for important events; and (e) in the repertoire realm in terms of learning specific skills directly related to lifes unique challenges. The key to creating effective prevention strategies with the Psycho/Social Coping Theory is, personal resource tailoring, so that prevention changes are based on the unique needs of each vulnerable person determined by an individual assessment. In general terms, and based on victimization surveys, the major groups of vulnerable persons are the handicapped, the victimized, the infirm, children, elders, women, immigrants, and so on. However, these broad categories are too general to be effective at the individual level. Ideally, vulnerability assessments should be made when persons receive services for having been victimized, injured, or hospitalized. These opportunities could be used to offer services beyond those that brought them into the vulnerability assessment awareness. For example, a crime victim becomes more vulnerable to crime after the first victimization and more so, after each subsequent victimization if their lifestyle is not changed. A vulnerability assessment of such a person would provide a range of services tailored to their risk needs. These could be empowerment to make changes, psychological education to understand their own problematic behaviors, and even psychotherapy to help eliminate their posttraumatic stress symptoms. Not to address these issues at this particular point-in-time is to neglect our moral responsibility toward that person who, based on empirical findings, is highly likely be revictimized in the future. Conclusions The victimization literature is clear that vulnerability can be identified prior to victimization. The work with recidivist victims, repeat victimizations, vulnerable groups, hot spots and poly-victims has provided us with ample information about how certain persons are more prone to being victimized. These proneness patterns are known, can be neutralized, and can render those persons resistant to victimization. As a first step, victim assistance centers could become the first providers of these vulnerability services. Rather than just getting victims to cooperate with the prosecution in the criminal justice process, reducing their suffering, and facilitating their recovery, it is possible to go the extra mile and impact the lifestyle of those who would become victims again by implementing tailored victimization prevention strategies. In every article included in Volume 6, Issue 1 of International Perspectives in Victimology, mention is made of types of victims and their accompanying vulnerabilities. In my judgment, communities could significantly reduce victimization, suffering, and death, and ultimately improve the quality of life for all citizens by understanding and acting on the vulnerability patterns of people who live there.
John P. J. Dussich, Ph.D. Editor-in-Chief
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References
Cohen, L. E., & Felson, M. (1979). Social change and crime rate trends: a routine activity approach. American Sociological Review, 44, August, 588608. Collins, W. (2010). Collins Thesaurus of the English Language: Complete & Unabridged 10th Edition. San Francisco: Harper Collins. Coston, C. (2004). Victimizing Vulnerable Groups: Images of Uniquely High-risk Crime Targets. Westport, CT: Praeger Publishers. Dussich, J. P. J. (1985). New Perspectives in Control Theory: Social Coping of Youth Under Supervision. Kln, Germany: Carl Heymanns Verlag KG. Dussich, J. P. J. (2006). Psycho/Social Coping: A Theoretical Model for Understanding General Victimization and Facilitating Recovery. Presentation at the American Society of Criminology Annual Conference, Los Angeles, California. Ellonen, N., & V. Salmli, V. (2011). Poly-Victimization as a Life Condition: Correlates of Poly-Victimization among Finnish Children. Journal of Scandinavian Studies in Criminology and Crime Prevention, 12, 2044. Farrell, G., & Pease, K. (1993). Once Bitten, Twice Bitten: Repeat Victimization and its Implications for Crime Prevention. Home Office Police Research Group, Crime Prevention Unit, Paper 46. London: Home Office. Farrell, G., & Sousa, W. (2001). Repeat Victimization and Hot Spots: The Overlap and its Implications for Crime Control and Problem-Oriented Policing. Crime Prevention Studies, 12, 221-240. Finkelhor, D., Ormrod, R. K., Turner, H. A., & Hamby, S. L. (2005). Measuring poly-victimization using the Juvenile Victimization Questionnaire. Child Abuse & Neglect, 29, 12971312. Finkelhor, D., R. K. Ormrod, H. A. Turner, (2007). Poly-victimization: A neglected component in child victimization. Child Abuse & Neglect 31, 226. Hindelang, M., M. Gottfredson, & J. Garofalo (1978). Victims of personal crime: An empirical foundation for a theory of personal victimization. Cambridge, MA: Ballinger Press. Home Office. (2011). Vetting and barring scheme. UK, July. Retrieved on August 16, 2011 from, http://bit.ly/eGWm8T Hope, T. (2001). Community Crime Prevention in Britain: A Strategic Overview. Criminology and Criminal Justice, 1(4), 421 439. Independent Safeguarding Authority (2009). Legislation. Home Office. Retrieved on August 16, 2011, from http://bit.ly/p2JXFb Johnson, J. H., Kerper, H. B., Hayes, D. D., & Killenger, G. G. (1973). The Recidivist Victim: A Descriptive Study. Huntsville, TZ: Institute of Contemporary Corrections and the Behavioral Sciences, Sam Houston University. Lamborn, L. (1968). The vulnerability of the victim. The Rutgers Law Review 22, 757760. Moeller, J. R. (2011, May). Conceptualizing Poly-victimization: Exploring the long-term effects utilizing constructivist selfdevelopment theory. Unpublished doctoral dissertation, The Graduate Faculty of the University of Akron. Schafer, S. (1977). Victimology: The Victim and His Criminal. Reston, VA: Reston Publishing. Schafer, S., & Ruback (2002, December). Violent Victimization as a Risk Factor for Violent Offending Among Juveniles. OJJDP Bulletin: Juvenile Justice Bulletin. Thoits, P. A. (1982). Life Stress, Social Support, and Psychological Vulnerability: Epidemiological Considerations. Journal of Community Psychology. 10, 341. Von Hentig, H. (1941, March-April). Remarks on the interaction of perpetrator and victim. Journal of Criminal Law, Criminology and Police Science, 31. Von Hentig, H. (1948). The Criminal and His Victim: Studies in the Sociobiology of Crime. New Haven, CT: Yale University Press. Ziegenhagen, E. (1976). The Recividist Victim of Violent Crime. Victimology, 1, 538550.
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J EMRI Japan-US Evidenced 6th Symposium of the Tokiwa International Victimology Institute (TIVI)
based Mental Health Response Initiative at Charleston, South Carolina
Helping Victims of Natural Disasters: From Grassroots to Governance

September 30October 1, 2011 Elizabeth Rose Hall, United Nations Building, Omote sando, Tokyo
The 6th Symposium of the Tokiwa International Victimology Institute will seek to achieve greater understanding of the survivors and victims of natural disasters and their needs. It will also address the fundamental issue of the psychological impact of natural disasters on vulnerable populations living in high-risk areas and how they can be empowered to be sustainable and healthier communities in the 21st Century.
Key Themes Understanding Disaster Victimization Facilitating Psycho-social Recovery of Disaster Victims Disaster Risk Management and Governance
The catastrophic events of March 11, 2001 in Japan have once again raised the issue of how best to address the pain and suffering of victims of natural disasters and the long-term sustainability of their psychological health. Presenters from East Asia, North America and Australasia, all eminent in their field, have agreed to share their knowledge and experience of disaster victimization and psychological recovery at the 6th Symposium. The Spring 2012 issue of International Perspectives in Victimology will be dedicated to disaster victimization. Manuscripts are now being accepted.
Early Booking is necessary to ensure a place!

Visit the TIVI website for the latest information and full details of how to book
English, P. /International Perspectives in Victimology 6 (1), 1-8

Journal homepage: www.thepressatcsufresno.org/
Words Matter: Defining Victims in State Domestic Violence Statutes

PETER ENGLISH
Department of Criminology, California State University, Fresno
ARTICLE HISTORY Received July 7, 2011 Received in revised form July 22, 2011 Accepted August 1, 2011 ABSTRACT The present research identified and reviewed the domestic violence laws in all 50 American states and the District of Columbia. The goal was to ascertain how many of these jurisdictions extend to same-sex partners the same protections that have been traditionally extended to opposite-sex partners. Results of the survey show that most states do extend such protections to same-sex victims of domestic violence. They do so by crafting their laws to be gender-neutral. A handful of states explicitly exclude same-sex victims from their statutes thereby denying to them the special protections typically afforded to victims of domestic violence. The unique nature of same-sex domestic violence and victimization is reviewed and the problems of a gender-neutral conceptualization of domestic violence are identified. An argument for the explicit inclusion of same-sex victims in state statutes is made. 2011 Tokiwa University doi:
Domestic violence affects millions xxxxxxxxxxxxxxxxxx of Americans

each year. Although no age, racial, ethnic, or socioeconomic group is immune from the tragedy that domestic violence represents (Rand & Robinson, 2008), crime data reveal that women are far more likely to suffer at the hands of their intimate partners. Research conducted for the U.S. Department of Justice estimated that women are the victims of approximately 4.8 million domestic related physical assaults and rapes each year in the United States (men are victims of 2.9 million physical assaults each year; Tjaden & Thoennes, 2000). In 2005, 1,510 deaths in the United States were attributed to domestic violence. Of these, 1,181 (78%) were women (Fox & Zawitz, 2007). One in every four women will be the victims of either physical or sexual abuse at the hands of an intimate partner at
* Corresponding author at Department of Criminology, California State University, Fresno, 2576 East San Ramon Ave. M/S ST 104, Fresno, CA 93740. E-mail: penglish@csufresno.edu
Printed by The Press, California State University, Fresno. All rights reserved. doi: 10.5364/ipiv.6.1.1
least once in their lifetimes (Tjaden & Thoennes, 2000). Overall, women comprise 85% of all of the victims of domestic violence (Rand & Robinson, 2008). There is another group of domestic violence victims who are often overlooked: gay, lesbian, bisexual and transgender (GLBT) victims (Brown, 2008). Precise data concerning same-sex domestic violence (SSDV) victimization is difficult to establish (Tesch, Bekerian, English, & Harrington, 2010). In a survey of 16 anti-violence organizations representing 14 major regions in the United States, the National Coalition of Anti-violence Programs (2008) identified 3,319 incidents of domestic violence reported by GLBT individuals. In their landmark study, Tjaden, Thoennes and Allison (1999) found higher incidence of domestic violence among gay romantic couples than among heterosexual couples. These reports were based on limited samples and they undoubtedly fail to capture the extent of SSDV. For example, the National Coalition of Anti-violence Programs (2008) survey was limited to those communities in which resources existed for victims of same-sex domestic violence. Presumably, communities in which such resources are either limited or do not exist are less reliably and accurately surveyed (assuming they are surveyed at all). Other
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research indicates that SSDV is at least as common among opposite-sex couples as it is among same-sex couples (in general, see also Barnes, 1998; Potoczniak, Mourot, Crosbie-Bennett, & Potoczniak, 2003; Seelau, Seelau, & Poorman, 2003; Stanley, Bartholomew, Taylor, Oram, & Landolt, 2006; Tjaden & Thoennes, 1998). Although little empirical research has been directed toward SSDV, there is no doubt that its effect on same-sex relationships is as every bit as devastating as it is on opposite sex relationships. As if in recognition of this fact, SSDV research is playing an increasingly important role in how we conceptualize domestic violence that, in turn, has affected American domestic violence legislation and laws. The purpose of this review is to provide a cross-sectional analysis of where American states now stand in their consideration and inclusion (or exclusion) of same-sex couples in their domestic violence penal codes. The ultimate goal is educative: to inform victims, policy makers, victim advocates, and citizens on how each American state currently expresses its views of domestic violence and to suggest the implications of these expressions of the law. Domestic violence (referred to as intimate partner violence, or IPV in some U.S. jurisdictions) is defined as abuse committed against an adult or a minor who is a spouse, former spouse, cohabitant, former cohabitant, or person with whom the suspect has had a child or is having or has had a dating or engagement relationship (California Penal Code, 2011a, 13700b) where the term abuse means ...intentionally or recklessly causing or attempting to cause bodily injury, or placing another person in reasonable apprehension of imminent serious bodily injury to himself or herself, or another (California Penal Code, 2011b, 13700a). The review of American state statutes in the present study reveals that domestic violence laws typically further include emotional, verbal and sexual abuse, coercion, threats, intimidation, and crimes against property among others. Some states have gone further to include crimes against animals as an instance of domestic violence (Colorado Penal Code, 2011). Despite the seemingly increasing comprehensiveness of American domestic violence laws, some commentators have observed that state laws still lack the necessary specificity to accommodate all victims and the circumstances of their victimization (Mordini, 2004). Research in SSDV has helped in discrediting some common misconceptions about domestic violence (Wilson, 2009). For example, we can now appreciate that: (a) DV is not the result of a victim having done something to deserve, the abuse, (b)
that abuse is not limited to physical expressions of violence or aggression, but that psychological and emotional harm is also abuse, (c) that domestic violence is not peculiar to the poor, the disadvantaged or the criminal, (d) that if the abuse were so bad then the victim could just leave, and (e) that domestic violence is limited largely to opposite-sex couples (Walsh as cited in Brown, 2008). Dispelling these myths allows us to more fully appreciate the extent and nature of intimate partner violence and we can in turn craft more nuanced laws that more effectively protect and help victims (Brown, 2008). There are additional myths concerning domestic violence among same-sex couples. One such significant myth concerns how SSDV victims experience their victimization. In an opposite-sex relationship, a DV victim (usually, a woman) is more easily perceived as a victim. In this instance, a woman is seen to be at a clear disadvantage against her larger, stronger male abuser and her helplessness and subsequent victimization is, thus, understandable. This is not as clear-cut in the case of domestic violence among gay males; that is, two men are perceived to be more evenly-matched and the victim, it is believed, is better able to resist, to defend, and to extract himself from an abusive relationship. Research in SSDV reveals that this is not necessarily the case. For example, it has been reported that SSDV victims experience similar negative psychological effects as opposite-sex DV victims, including issues pertaining to power and control, social isolation, rationalizing and minimizing the abuse, and a belief that the abuser can be made to change his behavior (Elliott, 1996). While similarities exist between same- and opposite-sex DV victims, there are also obvious significant differences. The differences are critical not only as they apply to SSDV victims, but they have important policy and legal ramifications as well. The consideration of these differences determines how we codify domestic violence laws and whether such laws will include victims of SSDV. First, many SSDV victims have not gone public with their sexual identities and they are often threatened by their abusers with disclosure of this fact to family, friends and employers. The price of revelation is potentially very high: victims who are revealed to be GLBT are at risk of losing their families, jobs, reputation, and of becoming socially isolated (Balsam & Szymanski, 2005). Thus, they are reluctant to report their victimization in the face of their abusers threats. Second, SSDV victims have few community resources they can depend on when they are abused. Community services and agencies geared toward female victims of male abusers have little to offer SSDV victims. Indeed, they have little
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to offer to male victims in general. Some shelters refuse lesbians, citing fear of losing community support, funding, and alienating heterosexual female victims who are already in the shelter. Third, SSDV victims may find resistance and denial among their own GLBT community. This is a public relations issue: DV will only reinforce negative stereotypes that some people have of GLBT individuals and their relationships. Finally, some SSDV victims fear that their victimization will only be exacerbated by a potential homophobic reaction on the part of law enforcement and the criminal justice system (Little, 2008). Some courts have particular difficulty in separating the abuser from the abused in violent same-sex relationships. The result is often the issuance of a mutual restraining order that may reflect a courts belief that both parties are equally to blame (Lundy, 1993). The role of the courts and the domestic violence laws on which they rely are obviously crucial. I turn now to a brief review of the development of American federal and state domestic violence policy and laws and where they stand now. The English legal theorist William Blackstone (1723-1780) described old law as giving a husband the right to give his wife moderate correction (Blackstone, 1765/1769, p. 432). He noted that the nature of the correction had to be reasonable and that violence was prohibited. Nevertheless, among the so-called lower social classes who were still fond of the old ways, it was permissible to restrain a wife of her liberty in case of any gross misbehavior (Blackstone, 1765/1769, p. 433). In the United States, women were not consistently protected from DV by the courts until the late 1800s (California Department of Health Services, 1999). Previously, and somewhat infamously, courts (at least the North Carolina Supreme Court) while not condoning violence and in the absence of permanent injury, thought it best to draw the curtain, shut out the public gaze, and leave the parties to forget and forgive (State v. Oliver, 1874). Distressingly, there are many references in American jurisprudence to the limits placed on the extent to which a husband may physically discipline (i.e., beat) his wife with a stick or whip that is not thicker than his thumb (for a review see Kohn, 2008, p. 195). Although all states had made spousal abuse illegal by 1920, it would take five decades for American law enforcement and criminal justice policy to promote active intervention in domestic violence (Mordini, 2004). For example, most states broadened their definition of domestic violence to include non-married opposite-sex couples, other family members, and children, and included a wider variety of abusive behaviors that constituted domestic violence (e.g., assault, sex crimes, stalking, and violations of protective orders). Same-sex couples
came to be covered in the DV laws of some states when laws were rewritten to be gender neutral (i.e., references to the gender of the couple were removed). Similarly, law enforcement, courts, and victims were provided with a larger legal arsenal with which to pursue abusers. For example, all American jurisdictions include in their statutes some combination of criminal and civil sanctions and procedures such as warrantless arrests, mandatory arrests, mandatory prosecutions, mandatory reporting, and restraining orders (Brown, 2008; Little, 2008; Palmer, 2010). Words do matter, and the words that state legislatures use to define DV and who is covered by the law reveal both the conceptualization of DV and how this concept is communicated to citizens and the criminal justice system. Civil remedies for DV are not included in this review (for a review of civil domestic violence remedies, see Palmer, 2010). Federal law on domestic violence is limited in scope since it pertains to abuse as it relates only to interstate travel although it does include intimate partners of any gender (Palmer, 2010). That is, federal domestic violence law would apply only if an abuser crossed a state line to commit the offense or if the abuser forced the victim to cross a state line where the abuse subsequently took place. In addition, as is characteristic of the federalist form of governance found in the United States (i.e., sovereignty divided between state and federal governments), responsibility for enforcing the criminal law falls mostly to the states. For these reasons, federal domestic violence law is not considered in this review. Method The penal codes of 50 states and the District of Columbia were reviewed for references to DV and IPV. In March 2011, LexisNexis was used to identify the relevant penal codes that applied to DV of each state and the District of Columbia. The codes were examined for inclusion and specific exclusion of same-sex relationships under each states domestic violence statutes. Results Forty-six states and the District of Columbia have gender-neutral domestic violence statutes. One state, Hawaii, indirectly references same-sex relationships. The following states extend domestic violence protection to same-sex relationships:
Alabama Idaho Missouri Rohde The Press
Alaska Arizona Arkansas California Colorado Connecticut Delaware District of Columbia Florida Georgia Hawaii
Illinois Indiana Iowa Kentucky Kansas Maine Maryland Massachusetts Michigan Minnesota Mississippi
Nebraska Nevada New Hampshire New Jersey New Mexico New York North Dakota Ohio Oklahoma Oregon Pennsylvania
Island South Dakota Tennessee Texas Utah Vermont Virginia Washington West Virginia Wisconsin Wyoming
Louisianas Domestic Abuse Law (2011) defines a household member as:

[A]ny person of the opposite sex (italics added) presently living in the same residence or living in the same residence within five years of the occurrence of the domestic abuse battery with the defendant as a spouse, whether married or not, or any child presently living in the same residence or living in the same residence within five years immediately prior to the occurrence of domestic abuse battery, or any child of the offender regardless of where the child resides. (Louisiana Domestic Abuse Law, 2011, LSA-R.S. 14:35.3)
Minnesotas statute is typical of these states. For example, Minnesotas Domestic Abuse Act (2010) defines family or household members as:
[S]pouses and former spouses; parents and children; persons related by blood; persons who are presently residing together or who have resided together in the past; persons who have a child in common regardless of whether they have been married or have lived together at any time; a man and woman if the woman is pregnant and the man is alleged to be the father, regardless of whether they have been married or have lived together at any time; and persons involved in a significant romantic or sexual relationship. (Italics added; Minnesota Domestic Abuse Act, 2010, 518B.01)
Although the statute does specifically mention same-sex relationships, the last clause is gender neutral and, thus, includes same-sex partners. Hawaii is unique among the states in that it specifically extends protection to same-sex couples. Hawaii did so in 1997 with the Reciprocal Beneficiaries Law (Hawaii Reciprocal Beneficiaries Law, 1997). This law allows two people who are otherwise prohibited by Hawaiian law from marrying to enter into a relationship. Hawaii defines marriage as between a man and a woman (Hawaii Revised Statute, 2010a). The nature of this relationship extends certain limited rights and benefits to these individuals concerning, among other things, inheritance, insurance, pension benefits, and medical and legal decision making. Most importantly reciprocal beneficiaries, are covered by Hawaiis domestic abuse statutes. Louisiana, Montana, North Carolina, and South Carolina exclude same-sex relationships or limit inclusion to married or formerly married couples. Since marriage is restricted to a man and a woman in these states (National Conference of State Legislatures, 2011), same-sex couples are excluded from their domestic violence statutes. Louisiana, Montana, and North Carolina limit coverage to opposite-sex relationships among families and household members. For example,
Louisiana prefaces its statute with its goal to protect victims of domestic violence. Since same-sex couples are not considered family or household members, it must follow that in Louisiana same-sex couples apparently are not victims of domestic violence (i.e., perpetrators may obviously be charged under other criminal statutes). In Montana, domestic abuse is covered under its Partner or Family Member Assault statute (Montana Code Annotated, 2009). As the title implies, victims of domestic abuse must be partners or family members. Unfortunately for victims of same-sex domestic violence, they under Montana law they cannot be considered as partners. Here, partners are defined as persons who have or are currently in a dating relationship with a person of the opposite sex (Montana Code Annotated, 2009, 45-5-206). In North Carolina, domestic abuse laws apply only to a victim (an aggrieved party in North Carolina) who has or had a personal relationship with the perpetrator (North Carolina General Statutes, 2010). Whatever kind of relationship a same-sex couple might have, it is not considered personal in North Carolina: personal relationships are limited to persons of opposite sex who live together or have lived together (North Carolina General Statutes, 2010, 50B-1). South Carolinas domestic violence statute has the same limiting effect, but it defines a household member as a male and female who are cohabitating or have cohabitated (South Carolina Domestic Relations Law, 2010, 20-4-20). Discussion This review has demonstrated that the vast majority (i.e., 46 of 51) of American states and the District of Columbia have crafted domestic violence laws to include same-sex relationships. There is an adage that the law can be conceptualized in two
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ways: the law on the books and the law in action. The former refers to law as it is written and the latter refers to law as it is practiced. The present review of American domestic violent statutes has identified the laws only as they are written; how these laws are practiced, and whether they make a difference in the lives of same-sex domestic victims remains to be seen. Including same-sex relationships in these statutes does not necessarily translate into increased law enforcement and criminal and civil justice system interventions in the form of arrests, prosecutions, sentences, protective orders, and access to victim services. On the surface the results of this survey suggest a victory for same-sex partners. While same-sex partners are not explicitly included in the statutes, the gender-neutral descriptions and definitions can be interpreted to include most people in most kinds of relationships, including same-sex relationships. However, this positive interpretation must be considered with caution. First, prior research has established that women are the overwhelming victims in violent relationships, usually at the hands of their male partners (Rand & Robinson, 2008). It has been argued that domestic violence is driven, in part, by gender as expressed through patriarchy and a power differential between men and women (Little, 2008). A gender-neutral DV statute may obscure and mitigate this view of domestic violence. Second, a failure to explicitly include same-sex relationships fails to acknowledge the unique nature of same-sex relationships and same-sex domestic violence. This ommision may fail to extend the full protections of the law to same-sex victims that the state legislatures originally intended. Third, lack of precise wording opens the statutes to imprecise interpretation. All who use or are covered by the statutelaw enforcement, judges, legislators, advocates and, most importantly, victimsmay be left to wonder who is and who is not covered, and under what circumstances does coverage apply. This puts victims of same-sex DV at greater risk. For example, protective orders are most effective when they are specific, consistently enforced, and easy to obtain (Finn & Carlson, 1998). Ambiguous laws do little to ensure that any of these qualities of effective protective orders will be realized. Finally, if the goals of DV laws are to deter domestic violence for the good of society, to punish abusers, and to protect victims, ambiguous laws are less likely to achieve these results. Special consideration should be given to Hawaiis DV statute. Although Hawaii is seen as a potential model for extending SSDV protections to same sex-sex couples, it does so in a rather circuitous route. For example, under Hawaiian law reciprocal
beneficiaries are included in the definition of family and household members (Hawaii Revised Statute, 2010a). Although family members and household members are covered by domestic abuse statutes, the statutes do not describe who qualifies as a reciprocal beneficiary. To find that out one must go to another section (572C-4; Hawaii Revised Statute, 2010c). This section states that reciprocal beneficiary relationships may include individuals who are prohibited by Hawaiian law from marrying, except that this section does not state who is prohibited from marrying. Instead, one is referred to another section of Hawaiian law (572-1.5; Hawaii Revised Statutes, 2010a). Here, Hawaii informs its citizens that marriage can only be between a man and a woman. By connecting the dots, one finally learns that same-sex couples living in a reciprocal and beneficiary relationship are covered by the domestic abuse statutes. Political considerations aside, it is confusing why Hawaii is obtuse in its statutes relating to reciprocal beneficiary relationships. If such a legally endorsed relationship is meant to include same-sex couples and, thereby, extend domestic abuse laws to same-sex couples, why cannot or will not Hawaii state this clearly? This obfuscation denies the full benefit of the law that Hawaii presumably intended. It further marginalizes the GLBT community and fails to educate the public. The role of federalism in protecting victims should also be considered. The United States could be seen as a collection of 50 semi-autonomous nations, united under a common umbrella of the United States Constitution, and each with the ability and right to largely self-govern. Each state is entitled to write and interpret its own laws as it sees fit as long as the laws and their interpretation are consistent with the minimum standards set by the federal constitution. This is a model of governance that Americans cherish and jealously protect, but it invariably leads to inconsistencies in what is lawfully permissible between states. In the context of DV laws, it may very well be that a citizens status is fully protected in one state (e.g., Tennessee), but not in an adjoining state (e.g., Kentucky). But for a quirk of residency and status, a victim may or may not be able to take full advantage of the special protections offered by most domestic violence statutes. On a topic as important as domestic violence, it is time for a single, explicit national standard to afford the greatest possible protection available under the law to as many victims as possible. This standard would include both opposite and same-sex relationships and it would incorporate all expressions of domestic violence (i.e., physical and psychological abuse, stalking, harassment, intimidation, isolation, etc.). This standard would communicate the seriousness
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with which the nation takes DV of any variety. It would have the potential to increase awareness of the special characteristics associated with same-sex DV and victimization. This is particularly important for legal actors who may then be required or motivated to educate themselves about these unique characteristics to improve the response of the criminal justice system to same-sex DV. Future research must examine and contrast the effects of same-sex inclusive, opposite-sex only and gender-neutral statutes on how they affect the role of the criminal justice system (e.g., arrests and prosecutions of abusers) and how well they protect and restore victims. The relationship between law enforcement and the GLBT community has already been described as strained and distrustful (Letellier, 1994; Renzetti, 1992; Younglove, Kerr, & Vitello, 2002). The nature of this relationship negatively affects the extent to which GLBT individuals report battering to authorities. Reasons may be traced to fear of revictimization by police officers or the fear of having ones sexual orientation revealed to the community (Balsam, 2001; Herek, Cogan, & Gillis, 2002). Other researchers have found that some police believe that homosexuality is immoral, and officers who respond to DV calls may not recognize the legitimacy of same-sex relationships (Younglove, Kerr, & Vitello, 2002). Evidence of this is that 15% of battered lesbians who requested police intervention reported that the police had been little to no help and only two percent reported that the police had been helpful (Renzetti, 1992). A recent survey of 91 police officers in the state of Illinois revealed that 17% of police felt that their department was not doing enough to serve the GLBT community and 33% reported that more could be done for SSDV victims (Tesch Bekerian, English, & Harrington, 2010). A recent study using data obtained from the National Incident Based Reporting System compared the police response to same-sex and opposite sex domestic abuse in more than 176,000 cases reported in the year 2000 in approximately 2,800 police departments (Pattavina, Hirschel, Buzawa, Faggiani, & Bentley, 2011). The researchers identified the most important factors predicting arrest in both same-sex and opposite-sex DV incidents (including all aggravated assaults, simple assaults, and acts of intimidation). They found that domestic violence incidents were equally likely to result in arrest for both same-sex and opposite-sex couples (50% for both couples). Not surprisingly, the factors most predictive of arrest were mandatory arrest laws (probability of arrest was 0.10 for both types of couples) and offense seriousness (probability of arrest for aggravated assaults was 0.09 for same-sex couples and 0.08 for opposite-sex couples). Further it
was found that the probability of arrest increased to 0.15 among those states whose domestic abuse statutes included same-sex couples. Overall, the authors conclude that the differences between police response to same-sex and opposite-sex domestic violence incidents are minor, even when considering legal factors such as mandatory arrest and statutory language (Pattavina, Hirschel, Buzawa, Faggiani, & Bentley, 2011). These findings must be interpreted cautiously, however, as the number of DV incidents involving same-sex couples was less than 1% of the sample size (i.e., 1,077 of approximately 176,000 total incidents). Furthermore, arrests are only the first piece to the puzzle. What matters is if arrests translate into prosecutions that, in turn, produce convictions resulting in meaningful sanctions and ultimately whether the criminal justice system respects the rights and interests of all victims. Conclusions The objective of the present review was to describe where states are in terms of their conceptualization of same-sex domestic violence and to suggest that policy makers be mindful of the policy implications of the definitions and descriptions of victims contained in SSDV statutes. The statutes as they are currently written in 46 states and the District of Columbia may, if interpreted reasonably, be robust enough to protect GLBT individuals from domestic violence. Or they may not. More certain are that words matter and that legislators and policy makers select those words that convey core constituent values. References
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International Perspectives in Victimology 6 (1), 9-19

The Paradoxical Approach to Intimate Partner Violence in Finland

KRIS CLARKE
California State University, Fresno
ARTICLE HISTORY Received October 6, 2010 Received in revised form February 20 2011 Accepted July 5, 2011 ABSTRACT Intimate partner violence (IPV) is internally recognized as a pervasive and underreported social and public health problem, with a preponderance of female victims. Finland is renowned for its woman-friendly comprehensive welfare state, yet it has relatively high rates of IPV against women. This article explores how IPV has been socially constructed in Finland through a survey of laws, government action programs, and reports on IPV. The recent rise in immigration to Finland has brought the conceptualization of IPV as a culturally essential attribute of foreign men, which continues to render the complexity of IPV in Finnish society invisible. 2011 Tokiwa University
Intimate partner violence (IPV) is a major public

health concern and human rights issue that affects millions of people around the world (Ferris, 2004). The effects of IPV are wide-ranging and costly. Comparative evidence indicates pregnant women may be at higher risk of domestic violence with negative outcomes for unborn children (Bailey, 2010; Devries et al., 2010), victims of IPV tend to be at higher risk of sexually transmitted disease (Campbell et al., 2008), and the economic costs of medical and mental health treatment, disrupted family relations, and lost working days are enormous (Department of Health and Human Services, 2003). Intimate Partner Violence is defined as:
[A] pattern of coercive behaviors that may include inflicted physical injury, psychological abuse, sexual assault, progressive social isolation, stalking, deprivation, intimidation and threats. These behaviors are perpetrated by someone who is, was, or wishes to be involved in an intimate or dating relationship with an adult or adolescent, and
* Corresponding author at Department of Social Work Education, California State University, Fresno, 5310 North Campus Drive, Psychology/ Human Services Building M/S PH 107, Fresno, California 93740-8019 E-mail address: kclarke@csufresno.edu Printed by The Press, California State University, Fresno. All rights reserved. doi: 10.5364/ipiv.6.1.9
are aimed at establishing control by one partner over the other. (FPV, 1999, p.17)
IPV is, therefore, fundamentally about how internalized power imbalances are played out in intimate relationships between partners, especially in domestic contexts. The intimate settings in which IPV occurs are culturally diverse and typified by relationships of oppression, inequality, unequal gender roles, and inappropriate social behaviors. The acquisition of knowledge about IPV in these diverse groups must, therefore, be both culturally sensitive and appropriate. This article explores how intimate partner violence is socially constructed in Finland, a Nordic woman-friendly welfare state with a high rate of interpersonal violence. The emergence of violence as a research topic and IPV as a legislative issue in the 1990s reveals, until recently, a reluctance to address male violence against women in Finland. Factual reports of IPV cases appear regularly in the media, but rarely are the narratives of victims reported. Despite, this media focus, male violence against women remains a marginalized issue in Finnish society. Its prevalence is generally attributed to alcohol abuse or family dysfunction. Increased rates of immigration to Finland in the 1990s, however, did promote the discourse in the media about male violence towards women, although it was embodied in stereotypical images of patriarchal, foreign men.
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Clarke, K. /International Perspectives in Victimology 6 (1), 9-19
Along with a rise of anti-immigrant sentiment, immigrant male IPV was characterized as an inability of such men to integrate into Finnish society. This cultural essentialization of male violence as an attribute of non-Finnish, usually colored males, has the potential to further marginalize the issue of IPV in mainstream Finnish society. Every society has its own way of translating and conceptualizing IPV in its own cultural context. The meaning of violence changes over time and reflects shifting power relationships (Muehlenhard & Kimes, 1999). Many cross-cultural studies of domestic violence tend to approach the phenomenon from a Western or Eurocentric perspective, which may not take into account the complexity of relationships, behaviors and their situatedness in diverse local contexts (Yoshihama, 2002). In Finland, the expression, perhevkivalta [family violence], is the most commonly used term used in public and academic discourse and implies that more than one family member is involved in the violence (Hearn & McKie, 2010). Nonetheless, perhevkivalta has been criticized as a genderless concept (Ronkainen, 2001), focusing on alcohol abuse and family breakdown, and in the way it limits womens freedom to change the dynamics of their relationship with males. Since the beginning of the 2000s, the use of the expression parisuhdevkivalta [intimate partner violence] is common, reflecting the importance of the intimate bond as the locus of violence. In addition, there has been greater focus on violence by women against male partners, as well as against same sex partners (Flinck, stedt-Kurki, & Paavilainen, 2008). The term naisiin kohdistuva vkivalta [violence against women] emerged in the 1990s as a means of naming and addressing the systemic relations of gender oppression that condone or collude with violent behaviors (Hearn & McKie, 2010). It reflects the view that violent behaviors (e.g. rape, harassment, or IPV) have been minimized or relegated to the private realm of social welfare interventions as a result of institutionalized sexism. As discussed later, this critique of male violence came much later in Finnish society than many other western industrialized counties. In this article, the term intimate partner violence [parisuhdevkivalta] is used because it encompasses the complexity of various types of violence between partners as well as focuses on the centrality of gendered oppression, regardless of how these situations are culturally interpreted. Finally, the concept of IPV underlines the intricacy of forms of aggression and resistance that may occur in the home, but which also belong to the public arena of violence (Johnson, 2010).
The Welfare State And Gender Equality The Nordic welfare state extends into almost every aspect of citizens' lives. From national health services to day care services to elder care to income support, a system of egalitarian social rights underlies the everyday lives of people in these societies (Esping-Andersen, 1990). The organization of services and support is based on the history and gendered cultural traditions of each Nordic country, even though these differences are minimal. As almost all services are provided by the public sector in Finland, debate over targets and types of service delivery often take place within the structure of the state rather than in the public domain. This section explores how the women friendly Finnish welfare state developed a discourse on gender equality separate from that of prevention of violence against women. Finland is culturally homogenous and a predominantly Lutheran social democracy that evolved from rural poverty to the economic level of other Nordic welfare states only in the 1980s (Raunio, 2000; Stenius, 1997). Despite its status as a grand duchy under Russian rule, Finland retained the social and legal traditions of Sweden, specifically with regard to family law (Bradley, 1999). Hence, social welfare policies have emerged from these cultural traditions that, in turn, have defined practice (Forsberg, 1994). As in New Zealand, Australia and the rural states of the U.S., Finnish women attained equal suffrage around the turn of the 20th century (1906), perhaps, largely because they were expected to work alongside men (Markkola, 1990). Finland was a predominately agrarian society until the 1960s when industrialization of the Finnish economy ushered in a mass internal migration of agricultural workers to urban areas. Owing to its peripheral location in Europe, and its relative general poverty, there was limited external migration to Finland prior to the 1980s. However, upon joining the European Union in 1995 and with the rise of the Nokia corporation, along with growing numbers of refugees and other immigrants entering the county, Finish society intensified its contacts and interchange with other countries and a more globalized and multicultural Finland began to emerge. Feminism and the Finnish Welfare State The Nordic welfare state provides universal access to welfare services as a means to modernize the state and break the bonds of the tradition of poor
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relief (Anttonen, 2002). While the concept of universalism in welfare state models was often based on masculine notions of agency from its inception social policy in Nordic countries was influenced by women. Indeed, the notion of women as workers was accepted relatively early in comparison with Germany and many other western industrialized countries probably due to economic necessity (Anttonen, 1997). Few Finnish women had the option or even the expectation to be housewives. As the concept of universalism has a redistributive aspect at its core, Nordic welfare states have often been seen as women-friendly due to generous compensation measures and support for working women caring for family members through universal access to social services (Anttonen, 1994). Finland is renowned for its extensive support and services to women and children, including prenatal care, childcare and a guarantee to return to the same job after maternity leave. The many protections that women have as mothers and caregivers allow them a greater degree of economic freedom than in many societies, although these rights are being eroded by increasing privatization as the communitarian welfare state gives way to a rights-based society (Pylkknen, 2007). Moreover, gender inequalities remain in terms of wages and the division of labor. Debate on equality between men and women in Finland intensified as the country rapidly industrialized in the 1960s and traditional gender roles were disrupted due to migration from rural areas to urban centers. At this time, the Finnish welfare state began to enhance its broad range of social and health services that served families and children. The evolution of the Finnish feminist movement may be characterized as follows:
1. 2. 3. 4. Sex role debate (1965-70) challenged the gendered division of labor. Personal becomes political (1973-77): a period of radical feminism. Breakthrough phase (1977-80): Feminism spreads throughout country. Institutionalization and differentiation (1980s onward): Women's movement becomes institutionalized. (Bergman, 2002, p. 134)
The emergence of feminism in Finland was influenced by specific socio-historic and cultural conditions. The period of the anti-authoritarian Left, for example, was brief in Finland. Feminist issues in Finland also tended to be dominated by Swedish speakers who were traditionally viewed as the privileged in Finnish society, which may account for the lack of interest in feminism by Finnish speakers. Finally, "body issues" such as abortion rights and
availability of contraceptives were already guaranteed by the welfare state (Bergman, 2002). Hence, there was little critique of the primacy of the structure of the nuclear family, unlike other western countries. As Bergman concludes, Finland differed markedly from the rest of the Nordic countries, as well as from West Germany, since social movement activity did not emerge until the end of the 1970s and grassroots participation never became an established part of political life. (Bergman, 2002) Many researchers have thus underlined the Finnish paradox of official gender equality co-existing with a fierce popular rejection of feminism (Julkunen, 1999; Parvikko 1988). In 1970, the Committee on the Status of Women published a reform program to enhance gender equality and in 1972, the Council for Equality was founded to promote the implementation of these reforms (Kantola, 2004). One significant reform was that childcare became the responsibility of parents and the Communal Day Care Act (1973), guaranteeing the rights of working mothers. There are now extensive provisions to guarantee parental leave and adequate child benefits in Finland. Later legislative acts enshrined the right to municipal daycare, although the recent retraction of the welfare state threatens this right (Pylkknen, 2007). The socialization of care in the Finnish welfare state raised the status of women and reinforced their social and economic rights (Anttonen, 1994). Notwithstanding, recent budgetary cuts in care services have affected working women more than men (Zechner, 2010). In 1987, the Act on Equality between Women and Men came into force with the purpose of advancing gender equality and preventing discrimination, especially in working life. The legislation allows for positive action to be taken, but is non-binding. That is, the Finnish government is not required to initiate programs similar to affirmative action in the United States to alleviate or prevent disadvantages linked to discrimination. The Non-Discrimination Act of 2004, however, obliges the authorities to promote the realization of equal treatment, which should be accomplished by removing barriers to equality although it stops short of calling for the implementation of proactive measures to redress past oppressive practices. The institutional instruments that ensure gender equality in Finland mainly focus on labor and care issues. Finnish Family Law And Domestic Violence The Finnish cultural tradition of family legislation is complex. As with other Nordic countries, Finland enshrined the inheritance rights of children born out-
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of-wedlock early in the 20th century, which served to fight stigma and enhance the equal position of all children in society. Sexual morality in Finland, however, tended to be more conservative than in other Nordic countries, especially with regard to the acceptance of homosexuality and the legal status of co-habiting couples (Bradley, 1999). In general, Finnish laws regarding domestic violence fall under the category of violence rather than violence against women, a distinction that makes it difficult to ascertain the true extent of intimate partner violence (Eurobarometer, 2010). Assault in a private place (e.g. a home) became a mandatory public prosecutorial case in 1995. Until the 1990s, IPV was handled under an 1889 criminal law (Kantola, 2004). A revision in the law on restraining orders, which allowed such orders between members of the same household, came into force in 2005. Finland was one of the last countries in the European Union to criminalize rape in marriage in 1994, although there was a brief debate on this issue in the Finnish Parliament in the 1970s. An important gap in the discourse on gender equality in Finland has been the absence of discussion of violence against women, an issue that became visible in public discourse in the 1990s as laws began to be developed against domestic violence. As noted by some scholars, discourse on gender equality tended to be divided into policies on children and care and policies outside the home, such as the percentage of female elected officials and wage equity (Borchorst & Siim, 2002). IPV has traditionally been subsumed into the broader categories of violence, in general, and alcohol-related violence, more specifically. A survey of police found that most officers characterized IPV as the combination of a man, a woman and booze. (Trrnen, 2000, p. 14) Hence, domestic violence has often been perceived as a private matter (like alcoholism) best handled by the practitioners of the social welfare state, rather than as a public issue. The Federation of Mother and Child Homes and Shelters [Ensi-ja turvakotien liitto], a national NGO, was founded in 1945 with the social welfare aim of assisting women with out-of-wedlock children, although many of their clients were IPV victims. Unlike the shelters founded in many other Western countries which focused on a feminist empowerment approach, until recently Finnish shelters had public addresses (with one exception) and emphasized child protection through professionalized social workers. When women came to the shelter, the perpetrator was generally contacted and invited to participate in a dialogue about the welfare of the child (Kantola, 2004). Increasingly, shelters have focused on the support of female victims of IPV and since 2006, for
male victims. This group has largely been seen as one of the many groups, such as A-Clinic for those with alcohol problems and the Union for Senior Services that support elders and their caregivers, which provide specialized support often in conjunction with the basic social welfare services of the state. In summary, the social policies of the Finnish welfare state have done a great deal to enhance women's position in the labor market and in education, largely due to generous support of caregiving responsibilities. The legacy of Finnish family law is paradoxical: it is both progressive in terms of the rights of mothers and children and regressive in terms of how long laws against homosexuality have remained on the books. Many of these policies and practices are based on a genderneutral ideal that does not take into account how gender and hetero-normative hierarchies actually function in the public and private sphere. The issue of violence against women as a public discourse emerged recently because violence in the home has often been associated with the notion that alcohol and social problems are private issues best handled by families or social workers. Until the late 20th century, the practitioners of the social welfare state have, thus, been expected to cope with violence against women through child protection and shelter activities, rather than through the police and legislation. The silence of feminists on intimate partner violence as a fundamental issue of Finnish gender equality until the 1990s was striking (Ronkainen, 1998). Gender Violence and IPV Gender studies began in Finland, as with most of the Western industrialized world, in the 1960s with a focus on research on equality and women in the labor market (see also Kolehmainen, 1999). Early studies focused on the unequal position of men and women in the labor market as well as the double burden of care placed on many women (Simonen, 1990). As described above, there have been many new laws enacted since the 1960s to reinforce women's position in the labor market and share the burdens of caregiving with municipal services. However, while Finland may now have a greater degree of statutory measures to ensure gender equality, violence against women still remains a serious problem. In 2001, the Finnish Ministry of Social Affairs and Health estimated that the financial toll due to domestic violence amounted to 91 million euros in social, health and legal expenses for victims of domestic violence (Ministry of Social Affairs and Health, 2006). A 1999 study on domestic violence by the European Women's Lobby asserted that the rate of
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IPV in Finland was as high as Spain22% of women married or cohabiting was battered and 50% of separated women was threatened by ex-partners. Moreover, only about 10% of Finnish women filed complaints against perpetrators (European Women's Lobby, 1999). The figures show that IPV remains a problem in Finland despite a legal framework of gender equality. The data also suggest that barriers exist to reporting the abuse. The rise of violence research in the academic discipline of social work in the late 1980s-1990s problematized various aspects of family violence, particularly against children (Paavilainen & Ps, 2003). Most research has focused on the role of family dynamics in violent situations, although it tended to be gender-neutral (see Peltoniemi, 1984). However, it was the new wave of women's studies research in the late 1980s and 1990s that raised the issue of the gendered nature of violence in Finland (see also Ronkainen, 1998). This research challenged the dominant view of IPV in Finland as a result of family dynamics rather than gender violence (Kantola, 2004). The rising discourse on the gendered nature of violence in Finnish society in the 1990s emerged with a global discussion of IPV. The public silence on IPV was challenged when when several television programs featured women in professional positions speaking about the toll IPV had taken on them personally. The discussions amongst researchers linked gender violence to systems of oppression and social inequality. Increasing recognition of the devastating societal toll of interpersonal violence can be seen in the growing number of international agreements and declarations in the 1990s (e.g. the World Conference on Human Rights in Vienna,1993) committing member states of the United Nations to alleviating violence through multisectoral efforts (GarciaMoreno, Jansen, Ellsberg, Heise, & Watts, 2005). Since the mid-1990s, and partly as a result of these international pledges, the Finnish government initiated a wide range of programs to gauge the prevalence of violence against women and enhance prevention efforts. In implementing a Plan of Action for Gender Equality Ministry of Health and Social Affairs, 2005), the Finnish government, in accordance with the 1995 United Nations' Fourth World Conference on Women, in cooperation with Statistics Finland, the Council for Equality, and the Ministry of Social Affairs and Health, generated a more detailed picture of violence against women, among other gender issues. In 1992, the Council on Equality between Men and Women appointed a subcommittee in response to increasing pressure to tackle the problem of violence against women. One of the findings was that the discourse on the woman
friendliness of the Finnish welfare state had actually stifled discussion on gender violence (Kantola, 2004). Violence and Estimating IPV in Finland Finland is an anomaly in the Nordic welfare societies due to its high rate of interpersonal violence (LaFree & Drass, 2001). In international comparisons, Finland is generally described as a nation with low-income inequality (Breznau, 2010), little corruption (Davis & Ruhe, 2003), high levels of trust and education (Newton, 2001), and even high levels of self-reported happiness (Peir, 2006). It is, therefore, paradoxical that interpersonal violence in Finland is significantly higher than in other Nordic welfare societies. A longitudinal study of murder and manslaughter in Nordic societies between 1950-2000 reported that Finland had nearly double the violent crime of Denmark and Norway, and the rate was significantly higher than Sweden (Lappi-Seppl, 2001). The exceptionally high rate of violence in Finland has been attributed to the high prevalence of alcoholism (Lindman, 1995; Sirn, 2002), the cold climate (Maes, Suy, & DeMeyer, 1993), rapid industrialization and even the psychological impact of a traumatic history of war and impoverishment (Siltala, 1999; Ylikangas, 1999). A study of homicide statistics between 1955 and 1996 in 34 countries based on World Health Organization homicide victimization statistics showed that Finland had a high rate of violence in comparison to other industrialized nations (LaFree & Drass, 2001). The study demonstrated that although Finland had lower rates of homicide than North American countries, it had double the homicide rate of any other Western European country and triple the rate of other Nordic societies (LaFree & Drass, 2001). The research compared Finland's homicide rate to that of Hungary and Bulgaria. Prevalence of IPV in Finland IPV rates are difficult to ascertain due to shame, stigma, gender oppression, fear of police involvement, as well as power and control issues. Many women are afraid to report their abusers (Montalvo-Liendo, 2009). Some countries lack legislation that directly addresses violence in the home and the support of victims. Often such legislation to take into account the complexity of violence within the same household is implemented as a result of political pressure by women and other victims of violence (Weissman, 2007). One of the main challenges of determining the historic trajectory of IPV prevalence in Finland is that no separate
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category for IPV has existed under Finnish criminal law. Hence, IPV has been included in the general category of interpersonal violence statistics, which includes assaults by strangers or acquaintances in public or private settings (Kantola, 2004). It is known that Finland is a more violent society than other Nordic countries, but it is not known whether intimate relationships are more violent in Finland than other comparable societies due to the lack of specificity of official police statistics. Government reports note that police often do not report domestic disputes, but the statistics are limited on which to base this assertion (Ahlstedt, 2005). Domestic violence in Finland is legally defined as violence between people residing in the same household and who are considered to be family. Laws that address and make visible the complexity of prosecuting family members involved with IPV, such as mandatory prosecutions and restraining orders, came relatively late in Finland, as noted earlier. Despite legal reforms, some studies have suggested that authorities in Finland often do not take violence in the home as seriously as violence in public places (Piispa & Heiskanen, 2000). This assertion finds support in the framework of a legal system that often under-estimates violence against women. According to Amnesty International, 16% of rapes in Finland are reported and only 13% of reported rapes result in conviction (Amnesty International, 2010). Finland differs from other Nordic countries in that it categorizes the level of violence used by the perpetrator: that is, rape, aggravated rape, and coercion to sexual intercourse. In the latter category, also known as lesser degree rape, the complainant must file her case with the prosecutor who then assesses whether or not the victim acted of her own free will (Amnesty International, 2010). Thus, Finnish legal tradition can be seen as placing significant barriers to the prosecution of IPV, which has often been constructed as a private matter under the purview of social welfare rather than a criminal matter. It is unclear whether or not rates of IPV in Finland are increasing, stable, or decreasing. According to Finnish Police statistics, domestic violence against women increased by 47% from 1997 to 2005, and violence in a partner relationship by 38 % (Statistics Finland, 2006). No rationale is provided to account for these increases, but it may be assumed that the new legislation coming into effect, in addition to growing awareness of domestic violence, has had an impact on the recent increase in reporting. At the same time, medical reports of physical injuries due to IPV have declined (Heiskanen, Sirn, & Aromaa, 2004). Many current estimates of the prevalence of IPV in Finland by government and non-governmental
organizations have relied on the survey method due to the acknowledged limitations of official police reports (Ahlstedt, 2005). As noted earlier, many victims do not report abuse for various reasons and IPV is often handled in the realm of social welfare rather than criminal law, perhaps adding to the difficulty of gauging the actual rate of domestic violence (Niemi-Kiesilinen, 2004). According to a 2005 report by the State Provincial Office of Southern Finland, police often do not report IPV as such and hesitate to become involved in domestic disputes (Ahlstedt, 2005). A 1995 revision to Finnish criminal law (Finnish Criminal law 578/1995) mandates that all serious assaults be prosecuted regardless of the wishes of the victim, even if they take place in the home. One important aspect of the revision is that it gives more power to authorities to intervene in IPV by protecting victims through restraining orders, which could now be taken-out against members of the same household. A 2004 study of police and domestic violence calls found that of the 70,000 nationwide police house calls, 16,000 were due to IPV (Ahlstedt, 2005). Official statistics also show that from 1993-2003 29 to 53 Finnish women die annually due to assault by their intimate partner (Ahlstedt, 2005). The issue of IPV in Finland is, therefore, recognized as serious by the authorities and efforts have been made to strengthen and enhance legal protections. However, the stigma and shame appear to remain significant barriers for many victims. Emergency room admissions of IPV victims, for example, demonstrate that the same victims appear repeatedly, suggesting that better procedures for connecting victims with support are necessary (Leppkoski, stedt-Kurki, & Paavilainen, 2010). Where older surveys utilized descriptions of violence that were not explicit regarding the complex power and control issues that many female victims face in IPV, more recent surveys have been more nuanced about gender-specific issues that women face in violent relationships (Piispa, 2002). In 1997, as the international focus on gender issues began to focus more on the impact of violence against women, the Finnish government commissioned a large survey to assess the prevalence of IPV in society (Heiskanen & Piispa, 1998). The construction of the survey questions was not unproblematic (Piispa, 2002). Issues about how violence was represented in questions influenced the types of answers given. At the same time, questions left unanswered, perhaps, were perceived as too sensitive to discuss. At least 40% of Finnish women were reported to have been victims of physical or sexual violence or threats in adulthood and 50% of divorced or separated women had suffered physical violence or threats (Heiskanen & Piispa, 1998). A postal survey conducted by
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Statistics Finland in cooperation with the Council on Equality in 1997 revealed that one in five Finnish women had experienced physical violence from a current partner, half of whom had physical injuries, and that one in four women in a violent relationship had sought refuge in a shelter (Statistics Finland, 2000). These statistics indicate that despite official gender equality, the prevalence of IPV in Finland is comparable to that of many other countries. Among the key findings of these surveys was the role of shame in preventing women from seeking help. As privacy is highly valued in Finnish culture, the threshold for discussing violent personal experiences in the home or reporting such issues may be quite high (Piispa, 2002). Many women have also internalized the ideal of gender equality regarding autonomous independence which means that they believe the individual makes her own destiny (Julkunen, 1999). This belief may account for the reluctance of many women to involve authorities in resolving problems of violence in the home, a responsibility that they feel is their own to manage. However, living in an IPV relationship is anything but equal (see also Piispa, 2002). Until recently, there have been few public narratives of IPV in Finland, a deficiency which may reinforce the silence surrounding IPV, even though 38% of Finns reported knowing a woman who had been a victim of IPV (Eurobarometer, 2010). More research is needed to better understand how to capture the subjective experience of violence as well as the social stigma that persists in seemingly egalitarian Nordic societies which continues to raise barriers to getting help. Cultural Essentializing of Immigrant Women and Intimate Partner Violence in Finland Intimate partner violence in the Finnish home has traditionally been culturally constructed as alcoholrelated and as the result of unhealthy family dynamics, rather than as violence against women. A study of images of addictive behaviors (e.g., alcoholism, gambling, etc.) in the main Finnish daily newspaper, Helsingin Sanomat, between 1968-2006 shows until the end of the 20th century, addiction was largely constructed as a marginal phenomenon despite social statistics indicating a very different reality (Hellman, 2010). Only in the 1990s did media images and debate shift to show that addiction and IPV, as well as many other social problems, were far more common. The debate occurred at the same time as transnational immigration began to take hold in Finland. The final section explores how IPV has become increasingly constructed as a cultural essence of immigrant men, particularly Muslim men, or men of color.
Multicultural Finland Transnational immigration began in the 1990s in Finland. Until then, emigration was higher than immigration, even though the proportion of immigrants in Finnish society is amongst the lowest in Western Europe at approximately 2% (or 200,000 people born in a foreign country). The largest source of immigrants is from the former Soviet Union. The primary reason for immigration to Finland is marriage (40,000)transnational marriages are becoming increasingly common in Finland (Statistics Finland, 2010). There is also an increase in birth rates amongst migrants in Finland and, in concert with other trends, the assumption can be made that in the Finland of the future will be a more ethnically diverse nation. Nation states embody an imagined community in which the members do not know all their fellow members yet consider themselves to be part of a similar identity and national story, and share a deep sense of solidarity despite inequalities (Anderson, 1991). Foreigners can, thus, be seen as strangers to the family of the nation-state. Finnish society has traditionally been composed of culturally and ethnically diverse groups, such as the Roma and Sami, but this diversity has been largely rendered invisible in the national narrative of Finnishness or deployed strategically in articulations of Finnishness (e.g. in the use of traditional Sami outfits in the winter Olympics as an exotic aspect of Finland). The growth in mixed marriages between people of Finnish and non-Finnish origin and the emergence of New Finns, a term describing immigrants who have become citizens, means that the Finnish national family is becoming increasingly hybrid. With the impact of globalization and increasing immigration in the 1990s, terms such as multiculturalism and integration have become topics of public debate, social anxiety, and social welfare interventions in Finland. Anxieties about strangers in the national family are often focused on sensational stories that illustrate the fundamental distinction between us and them, and create a justification for their removal from our space. Representations of Immigrant IPV Discussions of IPV in immigrant communities in Nordic countries have tended to be dominated by sensationalist media coverage of honor killings and forced marriages, as in many other European countries (Keskinen, 2009). The murder of Fadime Sahindal by her father in 2002 in Sweden was a rallying point for many who saw the murder as the
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intractable problem of integrating patriarchal and oppressive immigrant men (often represented as Muslim) into the new host societies. There has often been a culturalist explanation to legitimize violence by positing it as completely different from the violence faced by Nordic women at home (Keskinen, 2009). Underlying these discussions was the notion that ...violence was seen to be related to cultural conflicts between two generations and to the transition from the presumed traditional, patriarchal family to an implicitly equal Swedish family (Keskinen, 2009). IPV amongst immigrants is, thus, often represented as a fundamentally culturally distinct phenomenon that is an attribute of foreign men, rather than another facet of the gender violence that also affects Finnish women. IPV appears to be a serious social and health problem in immigrant communities in Finland. The National Institute for Health and Welfare (STAKES) (2009) developed a preventive project against IPV in migrant communities from 1998-2002. Many seminars were organized and discussions were initiated about multicultural social work in the social and health care fields in Finland. Shelters began to target culturally sensitive interventions work specifically at women from migrant communities. An umbrella group, MonikaNaiset liitto (MonikaWomen's Multicultural Association), was founded in 1998 to meet the needs of women in Finland's emerging multicultural community. A survey in 2002 that was conducted as part of the STAKES research report showed that approximately 14% of the women in shelters were from a migrant background, although the migrant women make up only about 2% of the Finnish population (Kyllnen-Saarnio & Nurmi, 2005). Little research exists to document why this figure is so high. Some studies have suggested that migrants often did not understand the role of the social worker in helping them in an IPV situation (Haarakangas, Ollus, & Sini, 2000). Prevalence rates of IPV reveal a disconnect between migrant communities and the helping system. Therefore, an area to be further explored is that immigrant women know little of the social welfare system which has few immigrant representatives, yet these women represent a high proportion of the clientele in shelters. Studies increasingly demonstrate that there are different typologies of IPV, which suggests a need for a diversity of interventions to address the complexity of situational violence (Sokoloff, 2004). Moreover, the lack of information about immigrant male perpetrators of IPV remains a serious problem when considering ways to better engage with immigrant communities. There is a need to approach IPV from a culturally appropriate perspective that
takes into account the role of race, gender, class, and migration experience. The danger of displacing the primary issue of male violence against women to that of a culturally essentialist and fundamentally xenophobic explanation reveals that the issue of IPV is not understood and managed in a manner that reflects its complexity. Conclusions Violence is a serious problem in Finland. This is a paradox because Finland has one of the lowest disparities in wealth, little corruption, high levels of trust and self-reported levels of happiness in the West, yet its rates of interpersonal violence are much higher than other Nordic and industrialized Western European societies. Many explanations for the prevalence of interpersonal violence have been offered, including high rates of alcohol abuse, the cold and dark weather, as well as the legacy of historical traumas of rapid industrialization, poverty and war, although these explanations are not definitive. Finding more accurate instruments to measure the quantitative and qualitative nature of interpersonal violence in Finland is important to go beyond speculative stereotypes of the impact of living in the far north. Gender equality in terms of equitable wages and care support was enshrined in the legislation of the emerging woman friendly Finnish welfare state. Paradoxically, this focus on woman friendliness coexisted with a general popular resistance to feminism that often silenced any discussion of gender violence. Gender violence in the form of IPV and rape has often been a hidden issue that has been explained away by alcohol abuse or dysfunctional family dynamics. Nordic gender-equal social policies paradoxically coexist with problematic gender inequalities in practice, specifically with regard to issues of violence (Hearn & McKie, 2010). The disconnect between official policy and inter-personal practices warrants further investigation regarding how laws against IPV are actually enforced. Research on the perspectives of the police, shelter workers, as well as perpetrators and victims, should be enhanced to better contextualize statistics. With the rise in immigration to Finland, men from countries seen as Other (e.g. Muslim, non-white, non-western) have often been socially constructed by the mass media as patriarchal and repressive. Underlying these images is often a social anxiety about the growing multicultural nature of Finnish society and how this impacts socio-cultural identities. A study of the reasons why children are taken into care shows that Finnish social workers view domestic
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violence as an isolated problem of Finnish families. However, when working with immigrant families, social workers construct cultural difference as an essential reason for violent behavior (Hiitola & Heinonen, 2009). Constructing immigrant men as innately abusive may satisfy those who want to close the national community of Finland to outsiders, but these stereotypes do little to explain the phenomenon of intimate partner violence in all its complexity in Finnish society. The recent surge in anti-immigrant sentiment, as demonstrated in the latest election in the political platform of True Finn candidate, Olli Immonen, paints immigrants as the reason for many of the social problems in Finland, particularly with regard to violence against women (Immonen, 2011). The prominent nature of this discourse may eclipse a necessary internal self-examination regarding the historical and ongoing prevalence of IPV in Finnish society. The exclusion of immigrant voices in policy and academic debates does nothing to supplant the image of violent immigrant men as inscrutable and, therefore, makes them a target for the projection of anxieties about the high level of violence in Finnish society. Finally, research is also needed within immigrant communities to explain the overrepresentation of immigrant women in shelters. Research from the perspective of immigrants themselves on the trauma of leaving ones homeland and adjusting to Finnish society, as well as the expectations surrounding marriage and gender roles, would enrich the discussion of IPV among immigrants and build a firmer basis for interventions.
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Relations Between Maternal Attitudes Toward Bullying and Childrens Bullying and Peer Victimization Status
JULIANA L. RASKAUSKAS*
California State University, Sacramento
INGRID M. CORDN
GAIL S. GOODMAN
ARTICLE HISTORY Received March 10, 2011 Received in revised form May 30, 2011 Accepted June 1, 2011 ABSTRACT Chronic victimization by bullies has been related to adjustment difficulties, suicide, and juvenile crime. Identification of factors contributing to bullying and victimization is important for guiding prevention and intervention. The present study examined relations among maternal attitudes toward bullying, family characteristics (e.g., income, involvement with child protective services), child characteristics (e.g., ethnic status, behavioral functioning) and childrens self-reported bullying and victimization status. Forty-six mother-child dyads completed a set of questionnaires regarding bullying and peer victimization. Results indicated that maternal attitudes about schools responsibilities to address bullying were related to childrens involvement in bullying behaviors and that maternal attitudes about gender differences in sibling bullying were related to childrens peer victimization status. Moreover, a Child Protective Services (CPS) allegation of maternal violence was associated with an increased risk of bullying among children from families with a history of CPS involvement. Implications for bullying interventions are discussed. 2011 Tokiwa University
Bullying can have devastating effects on children and

often leads to serious consequences for both victims and bullies (Espelage & Swearer, 2003; Hawker & Boulton, 2000). Children who are targets of bullying are more likely to have problems in school including
* Corresponding author at Department of Child Development, California State University at Sacramento, 6000 J. Street, Sacramento, CA 94819. E-mail: jraskauskas@csus.edu This research was supported in part by a grant from the Office of Child Abuse and Neglect, U. S. Department of Health and Human Services (90CA1675) awarded to Dr. Gail S. Goodman. We thank St. Johns Shelter for cooperation and assistance with our recruitment efforts. Printed by The Press, California State University, Fresno. All rights reserved. doi: 10.5364/ipiv.5.2.20
poor academic performance and high absenteeism (Graham, Bellmore, & Juvonen, 2003; Schwartz, Gorman, Nakamota, & Tobin, 2005). Moreover, bullied children often display internalizing and externalizing problems, report a loss of self-esteem, and are at increased risk of depression that can persist into the adult years (Arseneault et al., 2006; Rigby, 2005; Seeds, Harkness, & Quilty, 2010). Bullies, on the other hand, may engage in aggressive or antisocial behaviors (Finkelhor, Ormrod, & Turner, 2007) or have problems with the law in adulthood (Baldry & Farrington, 1998; Olweus, 1993; Orpinas & Horne, 2006). Farrington (1991) argues that society is the utmost victim of bullying because children who are bullies are more likely to bully their spouses and children in adulthood, perpetuating a cycle of violence and creating a new generation of aggressive children.
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Raskauskas et al. /International Perspectives in Victimology 6 (1), 20-29
Research indicates that bullies are often from troubled homes, where harsh discipline and family violence are common (Duncan, 2004; Schwartz, McFyden-Ketchum, Dodge, Pettit, & Bates, 1999). However, not all bullies come from dysfunctional homes and violence transmission does not account for all bullying involvement. Thus, there are reasons to suspect other processes may contribute to bullying (Duncan, 1999, 2004; Orpinas & Horne, 2006; Seeds, Harkness, & Quilty, 2010), including parental attitudes toward bullying. In this study, we explored how maternal attitudes toward bullying contribute to bullying and peer victimization, particularly among families with a history of abuse and/or neglect (i.e., Child Protective Services investigations). In the present study, bullying was defined as direct or indirect aggressive behaviors by one child (identified herein as a bully) against another child who was unable to defend him or herself effectively (see also Espelage & Swearer, 2003). Bullying may involve direct physical actions such as hitting or shoving; verbal assaults, such as teasing or name calling; or more indirect actions, such as social isolation or manipulation (Austin & Joseph, 1996; Olweus, 1993). A victim, in contrast, was defined as a child who is the target of bullying behavior (Austin & Joseph, 1996). Research on bullying has moved away from an emphasis on proximal child characteristics, such as social skill deficits and low self esteem (e.g., Orpinas & Horne, 2006; Smith & Shu, 2000), toward more distal factors, such as parent-child attachment, parenting behaviors and family dynamics (e.g., Baldry, 2003; Duncan, 2004; Seeds et al., 2010). A relatively unexamined area of study concerns the relation between parents attitudes about bullying and peer victimization and their childrens bullying behaviors. In a study of elementary and secondary students, Rigby (2005) found the self-reported bullying behavior of girls, but not boys, was predicted by the childs perception of parental expectations. Girls who thought that their parents would expect them to bully or support a bully in hypothetical situations reported more bullying behaviors than girls who did not perceive parental support for bullying. Rigbys study, however, did not allow for direct examination of actual parental attitudes toward bullying. As an initial step toward examining the direct relation between parental attitudes toward bullying and bullying behaviors, the present study explored the relations between mothers self-reported attitudes toward bullying and their childrens self-reported bullying and victimization experiences. Based on Rigbys findings, we hypothesized that mothers who endorse bullying, or show little concern about bullying, would have
children who are more likely to be categorized as bullies than children whose mothers do not endorse such behaviors. In addition to analyzing the relation between maternal attitudes towards bullying and their childrens bullying behaviors, the present research provided a unique opportunity to investigate bullying and peer victimization among families at high risk for child maltreatment. Specifically, the study included families with and without previous involvement in Child Protective Services (CPS) investigations, the governmental agency concerned with the protection of children. CPS-involved families have not previously been targeted in bullying research, but are of interest because children from these homes may be at increased risk for bullying behaviors or peer victimization. Bullying has been associated with home environments characterized by either neglect or high levels of turmoil such as child physical abuse, and constant verbal and physical fighting among parents (Baldry, 2003; Duncan, 2004; Orpinas & Horne, 2006). A meta-analysis of 88 studies indicated that parents who used harsh physical punishment and/or were engaged in child abuse had children more likely to exhibit aggressive and bullying behavior (Gershoff, 2002). It found that students who described themselves as bullies are more likely to report a history of child abuse than students who do not report involvement in bullying (Duncan, 1999; Finkelhor et al., 2007; Olweus, 1993). Moreover, even after controlling for child abuse, children exposed to violence between parents report more bullying behavior (Baldry, 2003). Families characterized by violence may come to the attention of CPS (e.g., Montes, de Paul, & Milner, 2001). Because previous research has linked home violence with bullying, we hypothesized that maternal CPS involvement (particularly in cases of family violence) would be significantly related to childrens bully and victim status (Dussich & Maekoya, 2007). Although the primary aim was to explore two distal factors associated with bullying, namely maternal attitudes toward bullying and CPS involvement, childrens behavioral functioning was also examined. Childrens behavioral functioning is a strong predictor of bullying behavior (Espelage & Swearer, 2003; Limber, Flerx, Nation, & Melton, 1998; Rigby, 2005), and thus we wanted to examine whether or not the two distal factors would provide additional information to the childrens current behavioral functioning. We, therefore, included the Child Behavior Checklist (CBCL) as a measure of childrens behavioral functioning. Bollmer, Milich, Harris, and Maras (2005) proposed two behavioral patterns associated with
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peer victimization and bullying. The first is characterized by behavioral inhibition such as shyness, social withdrawal, and submission, characteristics that are often associated with peer victimization. The second is typified by aggressive and inappropriate behavior, often termed externalizing behavior, which is thought to characterize bullies (e.g., Bollmer et al., 2005). In the present study, we predicted that childrens behavioral adjustment would emerge as a significant predictor of childrens bully and victim status. Specifically, we predicted that externalizing behaviors would be associated with childrens bullying status, whereas internalizing behaviors would be related to childrens victim status. The aim of the present study was to explore the relations among (a) maternal attitudes about bullying and victimization, (b) family characteristics (family income, CPS involvement), (c) child characteristics (age, gender, ethnicity, and behavioral adjustment), and (d) childrens bully and victim status. It was hypothesized that children of mothers who endorse bullying, or show little concern, would be categorized as bullies more often than would children of mothers who do not endorse bullying. We also expected that children from families with CPS involvement, particularly CPS allegations involving violence, and children exhibiting behavioral problems would report more involvement in bullying or victimization than would children without these characteristics.
Measures Demographics A questionnaire collected general background data about mothers and their children (e.g., age, gender, income, ethnic background, and CPS involvement). Mothers attitudes to bullying behavior This measure was developed to examine mothers attitudes toward peer victimization and bullying. Parents rated 13 statements (1 = strongly disagree to 4 = strongly agree) concerning bullying and the role of the school (Table 1). Low scores indicate a more permissive attitude toward bullying. (Cronbachs = 0.73). Bullying Behavior And Peer Victimization Scales The Bullying Behavior and Peer Victimization Scale included six items each and employed a structured alternative format (Austin & Joseph, 1996). This measure was used to assess childrens self-reported victim and bully status. Items on this scale describe children who are victims of, or engage in, such behaviors as name calling, hitting, pushing, or exclusion. Items also describe children who are bullies, are bullied, or are generally picked-on. Children were asked to rate how much the child described in the scenario was like them. Scores ranged from 1 to 4 with higher scores indicating more bullying behavior and more peer victimization. The Bullying Behavior (M = 1.98, SD = .84) and Peer Victimization (M = 2.22, SD = .89) scales were found to have good internal reliability (Cronbachs = 0.84 and 0.83, respectively). Child Behavior Checklist (CBCL) To assess childrens current behavioral functioning, mothers were asked to complete the CBCL regarding their childs behavior (Achenbach & Edelbrock, 1981). The CBCL is a standardized questionnaire of parental ratings of children's social competence and emotional and behavioral problems. Parents rate the child on 113 problems using a 3-point scale (0 = not true, 1 = somewhat or sometimes true, and 2 = very true or often true) for behaviors in the past six months. Summary problem scores for Internalizing Problems (e.g., headaches, depression), Externalizing Problems (e.g., disruptive behavior) and Total Behavior Problems can be derived. Its validity and reliability have been well established (Achenbach, 1994). In the present study, T scores for total problems across all items were used in most analyses and divided into internalizing and externalizing problems for others.
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Method Participants Forty-six mother-child dyads participated (59% were male children). Maternal ages ranged from 24 to 51 years (M = 37 years, SD = 6.7) and children were aged eight to 16 years (M = 12.0 years, SD = 2.25). Mothers identified their children as Caucasian/ nonHispanic (47.8%), African American (23.9%), Hispanic/Latino (21.7%), Native American (4.3%), or Asian American (2.2%). The majority (69.5%) was single mothers (i.e., never married, divorced, or widowed). Participants were basically low-income (69.5% with yearly incomes less than $30,000) and homeless (60.9%). Approximately half of the mothers (57%) reported having been involved in a CPS investigation. All procedures were used in the study were conducted in accordance with the American Psychological Association guidelines and approved by the universitys institutional review board.
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Procedure Mothers were recruited from a larger study concerning parental attitudes toward social service agencies. The present study, however, focused on mothers at high-risk for CPS involvement. Families were recruited from various sources including public agencies (e.g., health clinics, shelters) and neighborhoods with high rates of CPS involvement (as identified by local CPS statistics). Mothers provided consent for their own as well as for their childs participation. Mothers and children were interviewed separately and individually at the site of recruitment (e.g., clinic, shelter). Mothers were assured that questions regarding specific abusive parenting practices were not included. Mothers were allowed to look over the questionnaires before the questionnaires were administered to their child. Children were tested individually in a separate room from their mothers. After child assent was obtained, children were given the option of either completing the questionnaires individually or having the questions read to them. In general, younger children preferred having the questions read to them, whereas older children preferred working individually. Participants were given a small payment for their participation.
Table 1 Factor Loadings for Principal Components Factor Analysis with Varimax Rotation of Mothers Attitudes Toward Bullying Behavior Items
Item Schools should not allow children to tease each other at school. Schools should protect children from abuse/ bullying by other students. It is a parents responsibility to punish children who bully classmates at school.D It is never OK for brothers and sisters to hit each other. Fighting between siblings is abusive when one sibling is more than 3 years older. Fighting between siblings is abusive when one sibling is bigger, regardless of age. It is OK for brothers to hit each other but not OK for sisters to hit each other. It is OK for sisters to hit each other but it is not OK for brothers to hit each other. Variance explained. Scale ResponsibilityA .87 .88 SiblingsB .07 .05 GenderC .06 .17
-.69
-.11
-.02
.20 .11
.60 .89
.01 -.09
.09
.92
.09
.02
-.01
.94
.15
.01
.95
Results Victimization and bullying category formation In accordance with procedures by Austin and Joseph (1996), each childs bullying and peer victimization scores were dichotomized into mutually exclusive categories of non-bully (0) versus bully (1), and non-victim (0) versus victim (1), respectively. Whether or not a child was a bully or a victim was determined by a scaled score of 2.1 or above, with 18 children identified as bullies, 26 as victims, and 19 who were neither bullies nor victims. It is important to note that the status of either bully or victim was not mutually exclusive; that is, a child could be categorized as both a victim and a bully. Based on childrens scores, 37% (n =17) of the children were categorized as both victim and bully. We, therefore, examined the relation between maternal attitudes toward bullying and children categorized as both bullies and victims (i.e., bully/victims), comparing children categorized as non-bully/victims (0) to children categorized as bully/victims (Table 1).
33.30 .79
17.33 .78
12.38 .99
Note. AHigh scores, in general, represent parents greater assignment of responsibility to schools for the control of peer bullying behaviors; B High scores represent parents disapproval of sibling-related bullying; C Low scores represent parents genderneutral perceptions of sibling-related bullying; D Item was reversescored.
Maternal attitudes To examine the influence of mothers attitudes toward bullying, mothers ratings on the Maternal Attitudes questionnaire were first entered into a principal components factor analysis with varimax rotation. Five factors were identified with eigen values > 1.0 (Table 1). The first factor, labeled Responsibility, consisted primarily of those items concerning mothers perception of control for bullying (i.e., parents or school). The second factor, entitled Siblings consisted of questions pertaining
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Table 2 Logistic Regression Analysis Predicting Childrens Bully and Victim Status Including Factor 1 Maternal Attitudes Toward School Responsibility (n = 46)
Bully status Chi-square (7) = 22.91**, Nagelkerke R2 = .53 Beta .02 1.19 -3.08 .13 .28 -.93 2.56 Wald 1.15 1.55 6.45** 7.97** 2.13 .87 3.82* Victim status Chi-square (7) = 13.91*, Nagelkerke R2 = .35 Beta .02 .11 -1.40 .09 .12 .02 1.19 Wald 1.28 .02 2.85 6.88** .67 .00 1.85
Table 3 Logistic Regression Analysis Predicting Childrens Bully and Victim Status Including Factor 2 Maternal Attitudes Toward Sibling-Related Bullying (n = 46)
Bully status Chi-square (7) Model = 20.10**, Nagelkerke R2 = .48 Beta Wald Child age (months) .02 1.36 Child gender Child ethnicity CBCL T scores Family income CPS involvement Sibling/bullying attitude (Factor 2) * p < .05,** p < .01 1.09 -2.42 .10 .23 -.93 .72 1.78 5.96* 6.11** 1.51 1.04 1.91 Victim status Chi-square (7) = 13.98*, Nagelkerke R2 = .35 Beta Wald .02 1.20 .17 -1.41 .08 .11 -.18 .56 .06 2.91 5.14* .55 .06 1.43
Model
Child age (months) Child gender Child ethnicity CBCL T scores Family income CPS involvement Responsibility attitude (Factor 1) * p < .05, ** p < .01
to bullying behaviors among siblings. Specifically, this factor concerned maternal disapproval or a permissive attitude toward sibling-related bullying. The third factor, Gender, concerned maternal attitudes toward sibling-related bullying as a function of the childs gender. Factors 4 and 5 did not demonstrate adequate reliability (Cronbachs = .46 and .08, respectively), and thus these factors and items were not considered further. Logistic regressions Separate logistic regression analyses were conducted to examine relations among maternal attitudes, child characteristics (i.e., age, gender, ethnic status, CBCL total T scores), family characteristics (family yearly income, CPS involvement), and childrens bully and victim status. In all regression analyses performed, child characteristics were entered on the first step, family characteristics were entered on the second step, and each maternal attitude factor (i.e., Factors 1, 2, and 3) was entered on the third step. Due to a small sample size, each factor was examined separately to ensure a sufficient number of children for each of the key variables. All models presented were significant, 2s (7) 13.91, ps .05 (see Tables 2-5). Maternal attitudes and childrens bully status For the regression predicting maternal attitudes toward responsibility (Factor 1, Table 2), maternal attitudes toward sibling-related bullying (Factor 2,
Table 3), and maternal attitudes toward gender (Factor 3, Table 4), childrens ethnic status (majority vs. minority) and CBCL total T scores emerged as significant predictors of the bullying status of children, p < .05 (Tables 2-3). Majority status was associated with a greater incidence of bullying than minority status. Children with higher CBCL total T scores were more likely to be categorized as bullies than children with lower CBCL total T scores. Higher scores on Factor 1 were associated with an increased incidence of bullying. Specifically, mothers who more strongly agreed that schools should control bullying behaviors and more strongly disagreed that parents are responsible for punishing bullies were more likely to have children who were categorized as bullies than parents who did not display this response pattern. Factors 2 and 3 were not significant predictors of bullying status. Maternal attitudes and childrens victim status As with bullying status, for childrens victim status CBCL total T scores emerged as a significant predictor, p < .05, in regressions including Factor 1 (Table 2), Factor 2 (Table 3), and Factor 3 (Table 4). Children with higher total T scores were at an increased risk of victimization relative to children with lower scores. Factor 3 was a significant predictor of victim status. Mothers who perceived that it was acceptable for same-sex siblings to hit each other were more likely to have children who were categorized as victims than mothers who disagThe Press
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Table 4 Logistic Regression Analysis Predicting Childrens Bully and Victim Status Including Factor 3 Maternal Attitudes Concerning Gender (n = 46)
Bully status Chi-square (7) = 20.23**, Nagelkerke R2 = .48 Beta .02 1.23 -2.40 .14 .34 -1.21 .75 Wald 1.68 2.19 5.91* 8.06** 2.41 1.53 2.08 Victim status Chi-square (7) = 18.21**, Nagelkerke R2 = .44 Beta .02 .44 -1.69 .14 .32 -.71 1.20 Wald 1.78 .33 3.52T 8.53** 2.75 .63 4.56*
Relations between internalizing and externalizing behaviors and victim/ bully status As expected, overall behavioral functioning emerged as a consistent predictor of a childs bully and victim status. To examine the relation between specific patterns of behavioral functioning (i.e., internalizing and externalizing problems) and childrens victim/bully status, partial Pearson correlations were conducted (controlling for child age and gender). Both internalizing and externalizing scores were significantly associated with childrens bullying status: CBCL T Internalizing, r = .41, p < .01, and CBCL T Externalizing, r = .34, p = .02. Moreover, as expected, childrens peer victim status was significantly associated with childrens internalizing scores, r = .37, p = .01, but not with childrens externalizing scores, r = .28, p > .05. Childrens victim and bully status among families with previous CPS involvement Our general measure of CPS involvement did not significantly predict childrens victim/bully status. However, it was our expectation that family violence, rather than general CPS involvement per se, would be associated with childrens bullying status. Families may become involved with CPS for a variety of reasons, including child neglect, drug abuse, and violence, thus precluding our ability to find significant associations between our general measure of CPS involvement and childrens victim/bully status. Indeed, among our sample of families with previous CPS involvement, 62% involved allegations that did not, at least directly, involve violence (e.g., child neglect, drug abuse). We therefore conducted separate chisquare analyses between the type of allegation (i.e., violent versus nonviolent) made by CPS and childrens victim/bully status to examine whether allegations involving direct cases of violence (i.e., physical abuse, domestic violence, sexual abuse) would be associated with childrens bully and victim status. The analysis indicated that CPS allegations involving violence were associated with childrens bullying status. That is, children from families with a previous allegation of violence were more likely to be classified as bullies than were children from families whose allegation was nonviolent, 2 (1) = 5.11, p = .03. With regard to childrens peer victimization status, the analysis indicated that CPS allegations involving violence were not significantly associated with childrens victim status, although a trend was observed, 2 (1) = 3.32, p < .08.
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Model
Child Age (months) Child Gender Child Ethnic Status CBCL T Scores Family Income CPS Involvement Gender Attitude (Factor 3)
*p < .05, ** p < .01, T p = .06.
reed with these statements. Majority status, and factors 1 and 2 failed to emerge as significant predictors of victim status, p > .05. Maternal attitudes and bully/victim status Because a significant minority of children scored high on both bullying and victimization items, we also examined the relations among the three factors and childrens bully/victim status. Childrens ethnic status emerged as a significant predictor, p < .05, for Factor 2 and Factor 3, and approached significance for Factor 1 (Table 5). Majority as opposed to minority status was associated with an increased risk of scoring high on both bullying and victimization (bully/victim) items. CBCL total T scores were significant predictors, p < .05, of Factor 3 maternal attitudes toward gender and approached significance for Factor 1 (Table 5). Moreover, higher CBCL total T scores were also associated with a greater risk of bully/victim status. Factor 1 approached significance such that higher scores on Factor 1 were associated with a greater likelihood of children being categorized as bully/victims. Specifically, mothers who more strongly agreed that schools should control bullying behaviors, but who more strongly disagreed that parents are responsible for punishing bullies, were more likely to have children who were categorized as bully/victims than were mothers who did not display this response pattern. Factors 2 and 3 were not significant predictors of bully/victim status.
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Table 5 Logistic Regression Analysis Predicting Childrens Bully and Victim Status Including Maternal Attitudes Toward Responsibility (Factor 1), Sibling-Related Bullying (Factor 2), and Gender (Factor 3) (n = 36).
Bully/victims (Factor 1) Model Chi-square = 25.21** Nagelkerke R2 = .67 Beta Child age (months) Child gender Child ethnicity CBCL T scores Family income CPS involvement Factors 1, 2, & 3 *p < .05, ** p < .01, T p = .06. .05 3.44 -5.45 .27 -1.89 .93 3.58 Wald 1.82 2.17 3.60T 3.40T 2.43 .04 3.84T Bully/victims (Factor 2) Chi-square = 22.56** Nagelkerke R2 = .62 Beta .04 2.59 -3.95 .20 -1.57 .20 .89 Wald 1.86 2.00 4.13* 3.06 1.95 .03 1.27 Beta .04 1.99 -3.41 .20 -1.53 -.34 .50 Bully/victims (Factor 3) Chi-square = 21.78** Nagelkerke R2 = .61 Wald 1.86 1.35 3.89* 4.10* 2.06 .08 .60
Discussion Maternal attitudes to bullying and peer victimization The present study is one of the first to explore the relations between maternal attitudes and childrens bullying and peer victimization experiences. Maternal attitudes about school responsibility were predictive of childrens bullying status. Specifically, parents who more strongly agreed that schools should show greater control of bullying, but who disagreed that parents have a responsibility to punish bullies, were more likely to have children who were bullies than parents who did not demonstrate this response pattern. Moreover, the relation between maternal attitudes toward school responsibility and children categorized as both bullies and victims also closely approached significance. It is possible that parents who recognize the need for school control, but do not perceive the need for greater maternal involvement, may communicate a greater acceptance of bullying to their children than mothers who perceive the need for both school and maternal involvement. Alternatively, these mothers may consider bullying serious enough to warrant school intervention, but not serious enough to warrant maternal intervention for their particular child. Despite research and media reports connecting bullying with negative outcomes, many parents still consider bullying a normative part of growing up and underestimate its frequency (Dussich, & Maekoya, 2007; Limber, Flerx, Nation, & Melton, 1998; Orpinas & Horne, 2006). These maternal attitudes are problematic because parental involvement in the schools efforts to reduce bullying is crucial. Indeed, programs that have included parent-school involvement have been the most successful in reducing bullying behavior (Espelage & Swearer, 2003; Olweus, 1993; Rigby, 2005). Relationships between maternal attitudes and bullying were also related to childrens peer victimization status. Mothers who perceived that sibling-related bullying among same gender pairs is acceptable were more likely to have children who were categorized as victims than mothers who did not consider it acceptable. Sibling hostility is a prevalent form of violence in the home, and although parents tend to attribute more aggression to boys, both genders report similar rates of sibling aggression (Duncan, 2004; Finkelhor et al., 2007). Some researchers have proposed that children exposed to family violence carry these experiences into their peer relationships (Baldry, 2003; Baldry & Farrington, 1998; Duncan, 1999, 2004). Changing maternal attitudes toward sibling-related bullying may thus lead to less tolerance for sibling aggression and a reduction in bullying and victimization experiences. Child and family characteristics Several child and family characteristics were found to be associated with bullying and peer victimization. Childrens ethnic status predicted childrens involvement in bullying behavior. Majority children were more likely to report involvement in bullying, but not peer victimization, than minority children. This finding is inconsistent with that of the Soriano, Soriano, and Jimenez (1994) study which
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found that minority children reported more peer victimization than Caucasian/non-Hispanic children. One possible explanation for the discrepant findings may be differences in samples, with the present study targeting families with CPS involvement. Another possible explanation is that ethnic status is not as significant as school composition in the prediction of bullying and victimization (see Graham & Juvonen, 2002). Thus, information about school context may be an important factor to consider in future studies. A consistent predictor of childrens bully and victim status was childrens overall behavioral adjustment. Higher internalizing and externalizing scores were significantly associated with childrens bullying status, whereas childrens peer victim status was significantly associated with higher internalizing scores. It is important to note that the relation between behavioral functioning and childrens bully and victim status may have been influenced by the relatively high number of children who were categorized as both bullies and victims (bullyvictims) in our sample. Whereas Austin and Joseph (1996) reported that 15% of their sample scored high on both bullying and victimization, we found that 37% scored high on both scales. Children categorized as bully-victims tend to come from homes with the most family dysfunction (Dussich, & Maekoya, 2007; Olweus, 1993; Smith & Shu, 2000). Dussich and Maekoya (2007) surveyed a sample of 852 university students in Japan, South Africa, and the United States. They found significant relations between physical child abuse and bullying related behaviors and victimization. Among students reporting physical abuse by parents, the largest percentage was involved in bullying as bully-victims. Their findings are consistent with the findings of the present study using CPS families. Swearer, Grills, Haye, and Cary (2004) reported that children who are both bullies and victims of peers are a special subgroup, who experience the most negative outcomes and who have the greatest number of conduct problems. Thus, it is possible that the relatively large number of children who scored highly on both scales may account for the observed relations between behavioral problems and childrens bullying and victim status. Future longitudinal research will be necessary to better delineate the relations between these two variables. A unique finding from our study was that CPS involvement for violence was significantly associated with childrens bullying status. Specifically, children from families with CPS involvement, when the
allegation involved violence, were more likely to be categorized as bullies than were children from nonviolent CPS-involved families (see also Dussich & Maekoya, 2007). CPS allegations of violence, however, were not significantly related to childrens peer victimization status, contrary to the findings by Duncan (1999) who found that peer victimization was related to maternal physical and emotional abuse. Sample characteristics may partially account for the differential findings. Conclusions It is important to note that the correlational and exploratory nature of this study prevents firm conclusions about the causal direction of the observed findings. Moreover, our sample was small and comprised mainly of at-risk and homeless families, which may limit the generalizability of the results. It will be essential, therefore, to replicate these findings with a larger and more diverse population. Caution must also be taken when generalizing our results with regard to ethnicity. Dichotomous ethnic labels (i.e., majority versus minority) may greatly minimize ethnic and cultural differences among minority families (Storch, Nock, Masia-Warner, & Barlas, 2003). Despite these limitations, our results extend past research on bullying and peer victimization and have significant implications for future research and interventions. The finding that maternal attitudes toward bullying were associated with childrens bullying and peer victimization experiences may mean that maternal acceptance of responsibility for regulating child peer and sibling interactions, in conjunction with school accountability, can influence the incidence of bullying. Maternal education about the nature of bullying and victimization could help parents recognize the inappropriateness of child aggressive behaviors and enable them to actively discourage bullying both at school and at home (Duncan, 2004; Olweus, 1993; Orpinas & Horne, 2006). Information about the frequency of school bullying needs to be made available to parents, and schools should encourage children to talk to their parents about their own experiences. This may make bullying behaviors more alarming to parents and increase the probability that parents will take action when incidents of bullying occur (Olweus, 1993; Orpinas & Horne, 2006; Rigby, 2005).
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Secondary Trauma of Law Enforcement Officers in Tamil Nadu, India

BEULAH SHEKHAR*
Manonmaniam Sundaranar University
VIJAYA SOMASUNDARAM
Manonmaniam Sundaranar University
ARTICLE HISTORY Received 14 February 2011 Received in revised form 23 May 2011 Accepted 5 July 2011 ABSTRACT This study analyses the factors that constitute the secondary trauma of police officers in Tamil Nadu, India. Identifying these factors is required to understand their impact on the treatment of victims of crime by police officers. Police are first responders to a crime scene and regularly contact victims of crime. The impact of their secondary trauma if left untreated impacts these victims leading to secondary victimization. A secondary trauma inventory was administered to a random stratified sample of police officers in 32 districts of Tamil Nadu. Exploratory factor analysis was used to extract significant factors, and the findings clarify the extent to which these factors measure secondary trauma in police officers. It is suggested that lack of awareness and the stigma of counseling are limitations leading to an ineffective response to the consequences of secondary trauma in police officers. 2011 Tokiwa University
Policing is a highly stressful job in which one

continually confronts the effects of trauma, violent assaults on women and children, and serious personal injury. Research on the victimization of police in India is relatively limited. The focus of most studies has been on identifying distinct stressors of policing such as factors intrinsic to the job, irregular or long working hours, a heavy workload, leave problems or non-granting of leave, lack of social life, lack of promotion, family neglect and separation, inspection tours, doing VIP security, risk to life, lack of government support, inadequate infrastructure,
* Corresponding author at Victimology & Victim Assistance, Department of Criminology & Criminal Justice, Manonmaniam Sundaranar University, Tirunelveli 627 012, Tamil Nadu, India. E-mail address: beulahshekhar@yahoo.com Printed by The Press, California State University, Fresno. All rights reserved. doi: 10.5364/ipiv.5.2.30
pressure from other police, political influence, frequent transfers, attitude of officers, harassment from seniors, poor job incentives, job security, education of children, inadequate access to food, and poor salaries (Bhaskar, 1986; Channabasavannn, 1996; Mathur, 1995; Tripathi, Naidu, Thapa, & Biswas, 1993). Mehra, Prasad, and Arora (2005) in a study of stress management in the Central Para Military Forces (CPMFs) identified similar factors as causes of dissatisfaction among the CPMF personnel leading to stress. Shah Alam Shah (2006) studied the influence of occupational stress on adjustment and posited that there were two dimensions of occupational stress, namely unprofitability and role ambiguity. Rakesh Kumar Singh (2007), in a study of the emotional problems of Central Reserve Police personnel, identified the causes as role conflict, lack of social and interpersonal skills, lack of a social and sexual life, uncertainty and insecurity, frequent transfers, long separation from family, an unusual and hostile work environment, poor organizational
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Shekar B. & Somasundaram, V. /International Perspectives in Victimology 6 (1), 30-37
working conditions, and over-powering bosses (see also Singh (2008). Notwithstanding the public image of strong and invulnerable police officers the reality is that they are often vulnerable to burn out (Shekhar, 2003). Subinspectors,i the focus of this analysis, deal with traumatized persons on a daily basis. In 1978, Figley suggested that family, friends, and professionals are susceptible to developing traumatic stress symptoms from being empathetically engaged with victims of traumatic events. Cornille and Meyer (1999) observe that since that time, several authors have argued that traumatic stress symptoms are contagious and can produce similar effects in those who work with trauma victims. Based on this argument it is plausible to assume that the sub-inspectors in this study will also be affected in the same manner. Another source of potential trauma is a police subculture that protects the macho image of the police and informally teaches its members to follow a code of silence. It tries to uphold the notion that all line-of-duty suffering can be overcome with time and will power alone. The reality is otherwise. The shock of each tragedy and violent event takes its psychological cumulative toll on each police officer in some way. Studies show that stress has become an overwhelming feature of lifes complexities. High levels of stress-related illness are causing concern in the industrial sector. Against a background of impending legislation to improve this situation, there is a need to identify key work-related stressors. Police work tends to be regarded as inherently stressful because of the personal risk of exposure to confrontation and violence and day-today involvement in a variety of traumatic incidents. As a result, high levels of stress-related symptoms might be expected in this population (Collins & Gibbs, 2003). Compassion fatigue is a term that refers to a gradual lessening of compassion over time, and is a term that preceded secondary trauma. It is common among victims of trauma and individuals who work directly with victims of trauma. Barnes (1997) mentions that it was first diagnosed in nurses in the 1950s. Sufferers can exhibit several symptoms including hopelessness, a decrease in experiences of pleasure, constant stress and anxiety, and a pervasive negative attitude. Beaton and Murphy (1995) state that this can have a negative personal and professional impact, including a decrease in productivity, the inability to focus, and the development of new feelings of incompetency and self-doubt. Other synonyms of secondary trauma reported in the research literature include vicarious traumatization (VT) and countertransference (CT). VT is a process through which the therapists inner
experience is negatively transformed through empathic engagement with the clients trauma material (Pearlman & Saakvitne, 1995). VT directly results from hearing victims accounts of traumatic experiences (McCann & Pearlman, 1990). First identified among rescue workers, symptoms of VT are short term and resemble those of posttraumatic stress disorder (Hartsough & Myers, 1985; Miller, Stiff, & Ellis, 1988; Remer & Elliot, 1988a, 1988b). CT describes the counselors response to clients stories that result from the counselors personal issues and needs. The phenomenon of learning about another's traumatic ordeal and, in the process, experiencing traumatic stress is what Figley (1995) refers to as secondary traumatic stress (STS). STS is defined as The natural, consequent behaviors and emotions resulting from knowledge about a traumatizing event experienced by a significant other. It is the stress resulting from helping or wanting to help a traumatized or suffering person (Figley, 1995, p. 7). The pathological response of being exposed to anothers traumata is called secondary traumatic stress disorder (STSD). STSD is a syndrome of symptoms nearly identical to PTSD except that exposure to knowledge about a traumatizing event is associated with the set of STSD symptoms. (Figley, 1995). STS symptoms or STSD can occur when a system of at least two people is formed, one of whom has been traumatized and one who wants to help. Therefore, families, friends, mental health professionals, and others who work with traumatized people are vulnerable to STS symptoms and STSD. Researchers have found that professionals exposed to traumatic material experience the same array of traumatic stress symptoms as those reported by victims of traumatic events. Second, the longevity and severity of these symptoms varies with the individual. Researchers have reported that as with primary victims, the longevity and severity of symptoms professionals experience varies from person-to-person. In particular, the research literature reports a positive correlation between career longevity, large caseloads, increased contact with clients, and long work hours and the longevity and severity of STS symptoms that potentially lead to depression and suicidal tendencies (Cornille & Meyer, 1999). Symptoms of secondary trauma, compassion fatigue, vicarious trauma, and burnout are often observed among Station House officers, subinspectors and other police personnel in police stations where victims of crime arrive to narrate their experiences and file the First Information Report (FIR). These are the officers most vulnerable to secondary traumatization because they are the ones
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who encounter the public as they come into the criminal justice system when they are victimized or traumatized. The police officer regularly deals with victims of violence and crime and this constant exposure to traumatized persons in turn traumatizes. This study analyses the secondary trauma defined as the behavioral and emotional consequences due to frequent interaction with victims of crime who have experienced traumatizing event/s of 384 police officers in Tamil Nadu using a customized secondary trauma stress scale by extracting significant factors and identifying the degree to which the factors contribute towards the measure. Method Participants The sample of Hindu sub-inspectors included 137 females aged 21 to 35 years and 247 males aged 46 years. Participants were drawn from socially and economically disadvantaged communities, and most had completed high school, were married with two to four children, and had one to 15 years of experience in the police force. The majority worked in the Law and Order branch of the Tamil Nadu Police Force. Procedure A translated version [Tamil] of the Secondary Trauma Scale and a General Profile questionnaire were administered in situ and followed appropriate research protocols.ii The Secondary Trauma Scale consists of 21 items; six items have a Likert responseformat ranging from Strongly Agree to Sometime agree/ disagree to Strongly Disagree, 10 items have a yes/no response format, and the remaining five items have a situation-specific forced choice type response format. A total of 550 completed questionnaires were collected from 32 districts in Tamil Nadu. Using a disproportionate random stratified sampling method, 12 samples each from 32 districts were selected to represent a final sample of 384. Results A secondary trauma score was calculated for each of the 384 sample of police officers by adding the individual item scores (M = 54.12, SD = 5.07). The Secondary Trauma Scale responses were constructed such that low scores corresponded with high secondary trauma and vice versa (i.e., a score of 40
Table 1 Frequency Distribution of Secondary Trauma Scores

ST Score Frequency Cumulative percent
40.00 41.00 42.00 43.00 44.00 45.00 46.00 47.00 48.00 49.00 50.00 51.00 52.00 53.00 54.00 55.00 56.00 57.00 58.00 59.00 60.00 61.00 62.00 63.00
2 2 4 2 2 11 5 11 14 11 30 19 23 26 37 28 30 29 21 27 14 7 8 9
0.5 1.0 2.1 2.6 3.1 6.0 7.3 10.2 13.8 16.7 24.5 29.4 35.4 42.2 51.8 59.1 66.9 74.5 79.9 87.0 90.6 92.4 94.5 96.9
indicated severe secondary trauma and 66 low secondary trauma). Based on the scores obtained, more than two thirds (67%) had moderate to severe secondary trauma. The frequency distribution of the secondary trauma scores of this sample clearly showed Gaussian characteristics (Table 1). ANOVA results indicated none of the personal variables (age, gender, religion, education, experience, amount of training) were significant predictors of secondary trauma in this sample (Tables. 2, 3, and 4). The internal consistency of the instrument was checked by calculating the Cronbachs Alpha which was 0.695, indicating acceptable reliability. The Secondary Trauma Scale exhibited high inter-item correlation at 0.05 and 0.01 levels of significance indicating that the data could be subjected to factor analysis. Factor analysis was used to identify the factors explaining the correlations observed between the 21 items of the Secondary Trauma Scale. Using the principal component and varimax extraction method, seven factors were extracted with eigenvalues greater than 1 that accounted for 58.78% of the sample variance (Table 5).
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Table 2 Secondary Trauma Scores by Age and Sex

Score 21-35 Male Female Age 36-45 Male Female 46 & over Male Female
Table 3 Secondary Trauma Scores by Religion and Caste

Score Hindu BC SC & T Muslim Male Female Religion Christian Male Female
40.00 41.00 42.00 43.00 44.00 45.00 46.00 47.00 48.00 49.00 50.00 51.00 52.00 53.00 54.00 55.00 56.00 57.00 58.00 59.00 60.00 61.00 62.00 63.00 64.00 65.00 66.00 Total
2 2 3 2 3 4 3 4 3 3 1 3 1 1 35
1 2 1 2 2 8 4 7 6 11 6 8 4 5 7 1 2 1 2 80
1 1 1 1 1 3 2 2 5 2 2 1 2 1 4 4 6 5 44
1 1 2 1 2 1 2 1 2 1 11 1 16
1 1 2 1 1 8 2 3 6 5 10 8 7 11 14 13 12 17 7 1 8 5 5 3 4 2 1 168
1 1 2 1 3 2 2 2 3 5 3 1 1 1 3 1 2 3 3 1 41
40.00 41.00 42.00 43.00 44.00 45.00 46.00 47.00 48.00 49.00 50.00 51.00 52.00 53.00 54.00 55.00 56.00 57.00 58.00 59.00 60.00 61.00 62.00 63.00 64.00 65.00 66.00 Total
2 2 3 2 3 4 3 4 3 3 1 3 1 1 35
1 2 1 2 2 8 4 7 6 11 6 8 4 5 7 1 2 1 2 80
1 1 1 1 1 3 2 2 5 2 2 1 2 1 4 4 6 5 44
1 1 2 1 2 1 2 1 2 1 11 1 16
1 1 2 1 1 8 2 3 6 5 10 8 7 11 14 13 12 17 7 1 8 5 5 3 4 2 1 168
1 1 2 1 3 2 2 2 3 5 3 1 1 1 3 1 2 3 3 1 41
A rotated component matrix revealed details of the seven significant factors which were then identified by those items that were comparatively loaded high on one component and simultaneously loaded low on the remaining components. Items 1, 2, 3 and 4 are loaded high on Factor 1 with corresponding low scores on the remaining factors. Items 1, 2, 3, and 4 deal with physical, emotional and behavioral symptoms typically associated with secondary trauma. Items 12, 13 and 14 are loaded high on Factor 2 with corresponding low scores on the remaining factors. These items deal with substance abuse including smoking, alcohol, and drugs. Items 16, 17, 18, and 19 loaded high on Factor 3 with corresponding low scores on the remaining factors. These items deal withfeelings of panic, forgetfulness, mistrut, and a tendency to quarrel with ones own family. Items 10 and 11 are loaded high on Factor 4. These items deal with witnessing anothers
suffering and coping with mental stress. Items 8 and 9 are loaded high on Factor 5 with corresponding low scores on the remaining factors. These items address feelings of self doubt and misgivings about having unfairly treated an offender who is a child. Item 20 was loaded high on Factor 6 and explored if the respondent suffered from common stress related diseases. Items 5 and 6 are loaded high on Factor 7 with corresponding low scores on the remaining factors. These items deal with the mental anguish experienced in the wake of others suffering and the extent to which the respondent was able to continue his/her work while being a witness to the same. The secondary trauma scores revealed that 67% of the sub-inspectors suffered from moderate to severe secondary trauma. The distribution of the secondary trauma scores of 396 sub-inspectors of Tamil Nadu closely resembled a normal distribution. Personal variables of age, gender, religion, education, experThe Press
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Table 4 Secondary Trauma Scores by Experience

Score 21-35 Male Female Age 36-45 Male Female 46 & over Male Female
Table 5 Eigenvalues and Total Variance of Extracted Factors

Component 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 Initial Eigenvalues 3.46 2.42 1.65 1.56 1.17 1.08 1.01 0.95 0.94 0.86 0.81 0.74 0.67 0.63 0.58 0.55 0.50 0.42 0.42 Rotation sums of squared loadings (Cumulative %) 11.41 22.66 31.90 39.68 46.92 53.01 58.78
40.00 41.00 42.00 43.00 44.00 45.00 46.00 47.00 48.00 49.00 50.00 51.00 52.00 53.00 54.00 55.00 56.00 57.00 58.00 59.00 60.00 61.00 62.00 63.00 64.00 65.00 66.00 Total
2 2 3 2 3 4 3 4 3 3 1 3 1 1 35
1 2 1 2 2 8 4 7 6 11 6 8 4 5 7 1 2 1 2 80
1 1 1 1 1 3 2 2 5 2 2 1 2 1 4 4 6 5 44
1 1 2 1 2 1 2 1 2 1 11 1 16
1 1 2 1 1 8 2 3 6 5 10 8 7 11 14 13 12 17 7 1 8 5 5 3 4 2 1 168
1 1 2 1 3 2 2 2 3 5 3 1 1 1 3 1 2 3 3 1 41 2.
ience and amount of training were not significant as predictors of secondary trauma and could not replicate findings of previous studies that found significant effects on secondary trauma of these variables (Chrestaman, 1995; Hourani & Yuan, 1999; Jaffe, Crooks, Dunford-Jackson, & Town, 2003). Some support for this result was found in a study of urban police officers that reported no differences in PTSD symptoms on the basis of gender (Pole et al. 2001). Inter-item correlation between items of the Secondary Trauma Scale was significant at 0.05 and 0.01 levels of significance. Factor Analysis extracted seven factors that accounted for 58.78% variance in the sample that corresponded to the following:
1. The experience of physical, emotional and behavioral symptoms associated with secondary trauma during police work.
The experience of physical, emotional and behavioral symptoms associated with secondary trauma during police work. Substance abuse including smoking, alcohol, and drugs. Feelings of panic, forgetfulness, mistrust. and a tendency to quarrel with ones own family. Witnessing others suffering and coping with mental stress. Feelings of self doubt and misgiving of having unfairly treated a child offender. Physical ailments associated with stress. Mental suffering experienced in the wake of anothers suffering and the extent to which the respondent was able to continue his/her work while being a witness to the same.
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4.
5.
6.
7. 8.
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Discussion The purpose of this study was to gain an understanding of what constitutes a measure of secondary trauma among police officers in Tamil Nadu. Factor analysis as a structure detection technique identified seven factors for which the study sample showed significant variability. There is growing interest in PTSD amongst police officers. Robinson, Sigman, and Wilson (1997) reported a 13% prevalence rate for PTSD among suburban police officers. In a comparative study of severity of PTSD in Police officers and the community Green (2004) found a tendency among police officers for higher use of alcohol to lessen the impact of the trauma. A study of 558 police officers by Follette, Polusny, and Milbeck (2008) reported that police officers experience significantly greater symptoms of distress (anxiety, depression, dissociation, and sleep disorders) and PTSD than mental health professionals. The findings of the current study corroborate evidence of an overlap between contributing factors of burnout and secondary trauma (see also Wheeler, 2010). Further, Perez, Jones, Englert, and Sachau (2010) found that greater exposure of law enforcement investigators to disturbing media related to child pornography was related to higher levels of secondary traumatic stress disorder and burnout. Lack of awareness and the stigma attached to seeking treatment and meeting a counselor are two important aspects influencing secondary trauma in police officers in Tamil Nadu. There is a myth circulating among police officers, the media and the public that police officers are resilient and can experience trauma and violence without suffering any ill effects. Another myth is that police officers are specially selected, trained, and experienced to cope with unique stressors of their profession. In reality, however, their continuous exposure to victims of crime and trauma profoundly affects themselves and their families. Another reality is that the coping skills of individual police officers varies greatly; some endure the traumatic event with no long-lasting ill-effect, others reach the burnout, stage sooner than others, and some leave the force because of their inability to endure the stress. Anderson (1996) uses the term Police Trauma Syndrome (PTS) to describe the long-term cumulative effects of police work. It depicts a cluster of symptoms many police officers experience as a result of policing. The need to define such a term arose because police officers did not typically fit into the PTSD criteria per se. In a week, a police officer may witness more trauma events than a normal person sees in a lifetime. This kind of exposure is not
only qualitatively, but also quantitatively different. The DSM-IV criteria state that the person's response to the event must involve intense fear, helplessness, or horror. Police officers, like sub-inspectors, are almost always the first responders to a crime scene and as such have become accustomed to dissociate from their emotions or suppress them in order to cope; they are trained to respond behaviorally and not emotionally. They show a biphasic response that oscillates between anger or intrusive thoughts and numbing. Chronic, long-term and cumulative stress takes its toll on police officers. The issue of police brutality is one such outcome effect of stress. PTS can be an outcome after a single, catastrophic event, such as when a police officer witnesses a colleague being killed, and then has to defend his own life by killing the assailant. This could precipitate PTSD or PTS, but on the other hand, after years of traumatic exposure, PTS can be triggered by an incident that is not immediately life threatening. The symptoms of Police Trauma Syndrome include suicide, domestic violence, divorce, heart attack, stroke, cancer, depression, alcoholism, and loss of morale. All police veterans suffer from this syndrome to a varying degree. A second important factor influencing secondary trauma in police officers in Tamil Nadu is the stigma attached to seeking treatment and meeting a counselor. Education, intervention, and support can mitigate the devastating effects of PTS. Support services in the form of police counselors and therapists as part of the police organization lower the intensity of traumas resulting from victimization and hasten recovery. However, the Indian subculture often considers the need for these services as a sign of weakness and failure. The media portrays the police as hard, insensitive, and cruel. In addition, the police subculture promotes a stoic macho image of a police officer by discouraging displays of pain, shock and fear that are normal reaction to traumatic events. However, a major influence preventing a police officer from seeking psychological support is jobinduced suspicion, peer pressure, and fear. Consequently those most in need prefer to suffer in silence than seek help. If any treatment is sought it is kept a secret. Mostly left untreated, the cumulative effects of trauma ultimately devastate the policemans life. Conclusions The government, law enforcement agencies, and the public should be made to understand the importance of addressing the above two constraints. The reality of police trauma must be recognized and
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accepted. There is need for an attitudinal shift in the police subculture that can only be achieved through enlightened leadership and a change in the institutional culture of the police force. Awareness campaigns about the extent to which secondary trauma can handicap a police officer and severely impede his performance should be instituted and there should be a constant flow of information in the media against the stigma of seeking treatment. Media tolerance and subsequently public awareness can create an atmosphere of approachability in which the police officer no longer hesitates to seek treatment or counseling. As this study was limited to a single cadre of police officers, its results may not be applicable to higher or lower cadres of police officers. In the sample only seven factors drawn from the 21 items measured secondary trauma indicating that many of the items of the scale should be reexamined and the scale restructured. The seven factors could account for only 58.78% of the variance in the sample further indicating that new variables should be considered for measuring secondary trauma. Other factors unexplored in this study include the previous trauma history such as death of a colleague, dealing with sexual abuse victims, working with traumatized children, intrusive thoughts, and the frequency of nightmares. Future studies should focus on addressing the seven factors identified in this study. References
Alam S. (2006). Influence of Occupational Stress on Adjustment: A study of Police Personnel. Indian Police Journal , 53(1), 50-61. Barnes, M. F. (1997). Understanding the secondary traumatic stress of parents. In C. R. Figley (Ed.), Burnout in Families: The Systemic Costs of Caring (pp. 75-90). Boca Raton, FL: CRC Press. Beaton, R., & Murphy, S. (1995). Working with people in crisis: Research implications. In C. Figley (Ed.), Compassion fatigue: Coping with secondary traumatic stress disorder in those who treat the traumatized (pp. 5181). New York: Brunner/Mazel. Bhaskar, S. (1986). Investigation into relation between job stress and personality factor among police officers and constables [Unpublished doctoral dissertation], University of Delhi. Channabasavann, S. M. (1996). Mental Health Problems among Police PersonnelAn Epidemiological Study. Research Studies on Police and Prison Issues (1970 2007). Retrieved September 16, 2010, from http://bit.ly/oxEQ4o Chrestman, K. (1995). Secondary exposure to trauma and self reported distress among therapists. In B. H. Stamm (Ed.), Secondary Traumatic Stress: Self Care Issues for
Clinicians, Researchers, and Educators (pp.2936). Lutherville, MD: Sidran Press. Collins, P. A., & Gibbs, A. C. C. (2003). Stress in police officers: A study of the origins, prevalence and severity of stress-related symptoms within a county police force. Occupational Medicine, 53(4), 256264. Cornille, T. A., & Meyers, T. W. (1999). Secondary traumatic stress among child protective service workers: Prevalence, severity and predictive factors. Traumatology, 5, 117. Figley, C. (1978). Psychosocial adjustment among Vietnam vets: An overview of the research. In C. Figley (Ed.), Stress disorders among Vietnam veterans: Theory, research, and treatment (pp. 5770). New York: Brunner/Mazel. Figley, C. R. (Ed.) (1995). Compassion Fatigue: Secondary Traumatic Stress Disorders from Treating the Traumatized. New York: Brunner/Mazel. Green, B. (2004). Post traumatic stress disorder in UK police officers. Current Medical Research and Opinion, 20(1), 101105. Hartsough, D., & Myers, D. (1985). Disaster work and mental health: Prevention and control of stress among workers. Washington, DC: NIMH, Center for Mental Health Studies of Emergencies. Hourani, L. L., & Yuan, H. (1999). The mental health status of women in the Navy and Marine Corps: Preliminary findings from the perceptions of wellness and readiness assessment. Military Medicine, 164 (3), 174181 Jaffe, P. G., Crooks, C. V., Dunford-Jackson, B. L., & Town, M. (2003, Fall). Vicarious trauma in judges: The Personal Challenge of Dispensing Justice. Juvenile and Family Court Journal, 54, 29. Levin, A.P. (2008, Winter). Secondary trauma and burnout in attorneys: Effects of work with clients who are victims of domestic violence and abuse. American Bar Association Commission on Domestic Violence eNewsletter, 9. Retrieved August 16, 2011, from http://bit.ly/o8JYEw Mathur, P. (1995). Perceptions of police stress: An empirical study of stressors and coping response among police personnel in India. Indian Journal of Criminology, 23(1), 9-19. McCann, I. L., & Pearlman, L. A. (1990). Vicarious traumatization: A framework the psychological effects of working with victims. Journal of Traumatic Stress, 3(1), 131-149. Mehra, S. R., Prasad S., Arora, R. C. (2005). Stress management in the CPMFs. Research Studies on Police and Prison Issues (19702007). Retrieved August 16, 2011, from http://bprd.nic.in Miller, K., Stiff, J., & Ellis, B. (1988). Communication and empathy as precursors to burnout among human service workers. Communication Monographs, 55, 250265. Pearlman, L., & Saakvitne, K. (1995). Trauma and the therapist: Counselor Transference and Vicarious Traumatization in Psychotherapy with Incest Survivors. New York: W. W. Norton. Perez, L., Jones, J., Englert, D., & Sachau, D. (2010). Secondary traumatic stress and burnout among law enforcement investigators exposed to disturbing media
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images. Journal of Police and Criminal Psychology, 25(2), 113124. Pole, N., Best, S. R., Weiss, D. S., Metzler, T., Liberman, A. M., Fagan, J., Marmar, C. R. (2001). Effects of Gender and Ethnicity on Duty-Related Posttraumatic Stress Symptoms among Urban Police Officers. Journal of Nervous & Mental Disease. 189(7), 442448 Remer, R., & Elliot, J. (1998a). Characteristics of secondary victims of sexual assault. International Journal of Family Psychiatry, 9(4), 373387. Remer, R., & Elliot, J. (1998b). Management of secondary victims of sexual assault. International Journal of Family Psychiatry, 9(4), 389401. Robinson, H. M., Sigman, A. R., & Wilson, J. P. (1997). Duty-related stressors and PTSD symptoms in suburban police officers. Psychological Reports, 81, 835845.
Shekhar B. (2003, July-September). Law Enforcement Officers-Victims of Secondary Traumatic Stress. The Indian Police Journal, 54(1), 6473. Singh, K. R. (2007, Jamnauary-March). Emotional problems among central reserve police force personnel: An analytical study. The Indian Police Journal 54(1), 5763. Tripathi, R. C., Naidu, R. K., Thapa, K., & Biswas, S. N. (1993). Stress, Health and Performance: A study of police organization. Research Studies on Police and Prison Issues (19702007). Retrieved August 16, 2011, from http://bit.ly/oxEQ4o Wheeler S. (2010). An exploration of secondary trauma effects in members of the Victoria Police Force. Retrieved August 16, 2011, from http://bit.ly/nI819b
Endnotes
The Indian Police System is based on the Police Act of 1986. Under this Act, the police force is subordinate to the Executive Government. Under Article 246 of the Constitution of India, police and public order are made state subjects; hence, the police in India is maintained and controlled by the states. The supervision and coordination of the police in Tamil Nadu is done by the Home Department, Government of Tamil Nadu. Tamil Nadu is separated into four zones or territorial divisions called ranges (a number of districts constitute a range). Each police district is further subdivided into police sub-divisions, circles, and police stations. Each range is under the supervision of a Deputy Inspector-General of Police. Every police range comprises a few districts that may vary from two to eight depending on the size, population, and importance of the district. The Superintendent of Police (SP) is responsible for the maintenance of law and order and other law enforcement activities of the district. For operational convenience, the district police organization is compartmentalized into a number of subdivisions. Sub-divisions are further divided into police circles and each circle may have two to four police stations. Although the Deputy Superintendent of Police or Assistant Superintendent of Police is in-charge-of a sub-division, the Inspector of Police is the head of the Police Circle. The police station is the lowest tier in police organization in India. It is the basic and primary unit, responsible for maintenance of law and order, prevention and control of crime, and the protection of life and property of the community. Each police station is staffed by up to four sub-inspectors of Taluk Cadre. A Taluk refers to the area of jurisdiction of a police station (about 5-15 km radius) usually covering 20 to 30 villages. It is these sub-inspectors of Taluk who, as frontline agents, are the first point of contact of victims of crime and abuse of power and, thereby, the group that is most vulnerable to secondary traumatization. ii Permission to administer the Secondary Trauma Scale was first obtained from the Director General of Police of Tamil Nadu. The Deputy Inspector General of Police (DIG) responsible for each district was approached with this permission. The DIG gave phone instructions to the Superintendent of Police for Tirunelveli district forwarding the permission letter through his office. The Superintendent of Police (SP) then gave orders to the Deputy Superintendent of Police (DSP) of each district requiring sub-inspectors to be present at each DSP office on particular dates so that the researcher could administer the Secondary Trauma Scale. An explanation of the nature of the study was explained and the survey questionnaire was administered to only those sub-inspectors who were willing to participate in the study.
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Influence of Psycho-Demographic Factors on Fear of Crime Among Multi-Nationals in Lagos, Nigeria

ADEBAYO O. ADEJUMO
University of Ibadan, Ibadan, Nigeria
ARTICLE HISTORY Received 6 January, 2011 Received in revised form 20 May, 2011 Accepted 2 July, 2011 ABSTRACT The influence of personality variables, perceived insecurity, perceived police effectiveness and demographic factors as they relate to fear of crime (FOC) in convenience samples of multi-nationals (N=202) and Nigerian nationals living in Lagos, Nigeria, was investigated. Nigerians reported the highest level of FOC while Americans reported the lowest level of FOC. Results indicate the combined influence of psychological factors and an independent effect of perceived security. Demographic factors jointly predicted FOC and gender. Perceived police effectiveness and perceptions of security were positively correlated. Significant differences related to FOC were found among all national groups. These findings suggest that individuals, and governments at all levels should be aware that FOC varies among foreigners, and that FOC is predicted by perceived security and gender. Psychological and social relief efforts to meet specific sociocultural and geographical differences in the country may contribute to a reduction in FOC in Nigeria. 2011 Tokiwa University
Fear of crime (FOC) is a social and psychological

construct reflecting how vulnerable a person feels in anticipation of victimization. It is essentially an emotional reaction characterized by a sense of danger and anxiety produced by the threat of physical harm elicited by perceived cues in the environment that relate to some aspect of crime (Church Council, 1995). Fear of being a victim of crime can affect social relationships, economic activities, and confidence in vital institutions of society (Alemika, 2009). Crime is an inherent element of any society (Mukoro, 1991; Mawby & Walklate, 1994). Urban areas contend with a higher incidence of crime, and the nature of the crimes committed is becoming
*Corresponding author at Department of Psychology, University of Ibadan, Ibadan, Nigeria. E-mail address : bayo.adejumo@utoronto.ca Printed by The Press, California State University, Fresno. All rights reserved. doi: 10.5364/ipiv.6.1.38
increasingly more violent (Pino, 2001). Daily reports of crime in Nigeria indicate that since January 2009, more than 111 foreign nationals have been kidnapped in Nigeria, including 21 in 2010. Six foreign nationals were killed in connection with these abductions; two U.S. citizens were killed in separate abduction attempts in Port Harcourt in April 2010. In September 2010, over 150 members of the Boko Haram extremist religious sect escaped from prison in Northeast Bauchi and Borno States, some of whom are now believed to be participating in Boko Haram attacks in other parts of the country. On October 1, 2010, two car bombs detonated near Eagle Square in downtown Abuja during Independence Day celebrations, killing 10 people and wounding many others. The Movement to Emancipate the Niger Delta (MEND) claimed responsibility for these attacks. On October 15, 2010, a MEND spokesperson threatened further bombings in Abuja (U.S. Department of State, 2010). On October 19, 2010 the U.S. Department of State, therefore, warned U.S. citizens of the risks of travel to Nigeria. It also advised U.S. citizens to avoid all but essential travel to many South East and
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Adejumo, A. O. /International Perspectives in Victimology 6 (1), 38-44
North East Nigerian states because of the risk of kidnapping, robbery, and other armed attacks in these areas (U.S. Department of State, 2010). Despite this dire outlook, Zedner (1997) argues that fear of crime far outweighs the chances of being a victim of crime in Nigeria, in a manner that suggests FOC itself is the problem and that worrying about crime is irrational. The 1995 British Crime Survey (BCS) demonstrated that in England and Wales, nearly a third of respondents believed they were certain, very likely, or fairly likely to be burgled within the next year, but crime statistics reveal that only 6% of households were burgled in 1995 (Croall, 1998). Similar findings were obtained in Canada, (Church Council on Justice and Corrections, 1997). Nigerian-based research (Alemika, 2009) found that most respondents have a very high, degree of fear; overall, 38.9% were very fearful, 32.7% were fearful, and 15% were a little fearful. Survey results also reveal geographical variation in FOC within Nigeria: respondents in the Nigerian states of Gombe, the Federal Capital Territory, Plateau, Ebonyi, Ondo, and Sokoto were the most fearful, while those living in Anambra, Ogun, and Lagos were the least fearful. Research findings indicate that fear levels vary according to ethnic background but no consistent association has yet been demonstrated. In general, however, Whites express the lowest levels of fear in relation to almost every crime. The 1994 British Crime Survey found that for harassment, burglary, rape, and mugging, the Asians expressed the most fear, Blacks the next highest fear levels, and Whites, the least fear (Hough, 1995). Contrary to this, some studies report Black respondents were the most fearful (Evans, 1995; Silverman & Kennedy, 1983). These early crime surveys were criticized on the grounds that these fears were not relevant to the experiences of the respondents (Croall, 1998). Also, the levels of worry among women concerning rape appears to be far more rational when the extent of unreported rape is taken into account (Zedner, 1997). The research literature establishes a clear relationship between modernization and increasing levels of criminality (Chermak, 2007). Further, the PersonEnvironment Fit theory proposed by French (1974), emphasizes that environmental events are not universal stressors; rather, their impact varies depending on individual perception. These perceptions may hinge on appraisals of the demands being made by the environment and individual appraisals of capability and motivation to meet these demands. Therefore, foreign nationals might perceive themselves to be as being secure in Nigeria on the
basis of their perceived fit with their environment; that is, how safe or to what degree they enjoy living in Nigeria. Unfamiliar surroundings have the potential to engender fear. Similarly, an emotional response to danger tends to increase with age and understanding, such that adults are more likely to sense and understand danger in the environment than children (Agbola, 1997). Also, those most at risk of assault, such as young men, express far less concern about fear of crime than those least at risk (Zedner, 1997). In contrast, older people and women express higher levels of worry about walking in the streets at night (Brammer, 2006). However, elderly people are rarely the specific targets of most crimes; their level of fear far exceeds their risk of victimization (Bernard, 2006; Brammer, 2006). Other factors related to FOC should be considered (Bernard, 2006; Altheide & Snow, 2005). For example, a poorly equipped and motivated police force is likely to be ineffective, yet this manifests itself as unwillingness to protect citizens (Hall, Crichter, & Jefferson, 2007). Perceived police ineffectiveness creates a feeling of mistrust of the police and also leads to perceived insecurity. Burglary and robbery usually involve a stranger, weapons, physical assaults, and the loss of valuables (Skogan & Klecka, 1997; Barak, 2006). Because these crimes are invasions of self, cause terror, and involve substantial loss, they generate some degree of fear. A substantial body of research also attests to the relevance of demographic and personal characteristics on FOC (Scarborough, Like-Haislip, Novak, Lucas, & Alarid, 2002; Toseland, 1982). The high incidence of crime in Nigeria impacts foreign investment in this resource-poor country. Foreign nationals and local employees in multinational companies constantly live in fear of becoming victims of crime. Despite this economic impact and the role of FOC in motivating effective responses by various law enforcement and other government agencies, there has been little or no research on the psychological response to perceived or actual crime, in particular among foreign nationals. Therefore, the aim of the present study is to examine the role of personality variables, perceived police effectiveness, perceived security, and demographic factors of sex, age, and ethnic background in predicting fear of crime among foreign nationals residing in Lagos, Nigeria. Of specific interest in this study are: (a) how the variables of personality, perceived security and police effectiveness, and demographic factors, independently and jointly, predict FOC; (b) the relationship between perceived security, perceived police effectiveness and FOC; and (c) the relationship between ethnicity and FOC.
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Method Participants A convenience sample of 285 participants 86 women and 116 men, mean age = 35 years) was drawn from willing employees of selected multinational companies located in Lagos, Nigeria. A survey response rate of 71% (N = 202) was achieved. Permission for data collection was obtained from the management of the selected organizations consistent with informed consent and the strict ethical standards required by the companies concerned. Instruments A 96-item, self-report questionnaire with items grouped in five sections was used: (a) demographic data (7 items); (b) the Big Five Personality Inventory (John, 1991) (5 items); (c) fear of crime (FOC) (4 items [developed by van Geert, 2004]); (d) a 21-item scale measuring perception of police effectiveness in crime prevention and controli; and (e) a perceived insecurity scale (20 items)ii. Design and Procedures A pilot study was conducted in Ibadan, Nigeria, to elicit the opinions of employees of multi-national companies in Nigeria about FOC and their perception of the effectiveness of the police in preventing and controlling crime. Based on the information obtained, the research instruments were designed. The survey adopted a cross-sectional design. The independent variables were psychological and demographic factors, while the dependent variable was fear of crime (FOC). Cross-nationality comparisons were also conducted. Results The convenience sample had a disproportionate sex balance, but was equally distributed across four ethnic groups, although Americans were relatively under-represented. The majority was Christian, and approximately two thirds of the sample reported that the experience of crime in Nigeria was common (Table 1). Table 2 shows that Nigerian-Africans reported the highest level of FOC (M = 14.5, SD = 1.98) and Americans the least, but this finding may be attributed to the discrepant ethnic group sample sizes. (M = 12.7, SD = 2.69). Participants with the highest
Table 1 Demographic profile of sample group

Male Sex 116 (57.4%) African Ethnic Group 34 (16.8%) Christian Religion 167 (82.7%) Incidence of Crime 27 (13.4%) Asian 34 (16.8%) Muslim Female 86 (42.6%) European 24 (11.9%) Traditional Religions 6 (3%) American 13 (6.4%) Other
2 (1%)
Common 125 (61.9%)
Uncommon 77 (38.1%)
Table 2 Ethnicity and fear of crime

Ethnicity Nigerian-African Non Nigerian-African Asian European American Total Nigerian Total non-Nigerian Total N 30 101 34 24 13 30 172 202 FOC (Mean) 14.5 14.2 12.9 14.1 12.7 14.5 13.8 13.9 SD 1.98 2.90 2.81 2.31 2.69 1.98 2.83 2.73 Rank 1 2 4 3 5 -
levels of perceived security reported the highest level of FOC (M = 14.5), followed by participants who reported a high incidence of crime (M = 14.4) (Table 3). Participants reporting Other, religious affiliation had the lowest level of FOC (M = 09.4), followed by younger participants (M = 10.2). A chi-square goodness of fit test was calculated comparing the frequency of levels of fear among various races. While participants exhibited equal levels of fear, significant differences in levels of fear of crime were obtained.
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Table 3 Psycho-social Factors and FOC

Variables Age Levels Old Young Sex Male Female Religious Affiliation Christianity Islam Other Incidence of Crime Perceived security Perceived Effectiveness High Low High Low High Low N (%) 47 (23.5) 155 (76.5) 116 (57.4) 86 (42.6) 167 (82.7) 27 (13.3) 8 (4.0) 125 (61.9) 77 (38.1) 106 (52.3) 96 (47.7) 81 (40.01 121 (14.0) FOC 12.8 10.2 14.3 13.4 11.5 10.3 9.4 14.4 13.3 14.5 13.3 13.8 14.0 Rank 9 12 3 6 10 11 13 2 =7 1 =7 5 4
Table 5 Perceived Security, Police Effectiveness, & FOC

Variable Perceived Security c2 Sig. N c2 Sig. N c2 Sig. N 1 202 .199** .005 202 .419** .000 202 Fear of Crime .199** .005 202 1 202 .181* .010 202 Perceived Police Effectiveness .419 .000 202 .181* .010 202 1 202
Perceived Security FOC Perceived Police Effectiveness
** p <.01, 2-tailed, *p < .05, 2-tailed
Table 6 Ethnicity and Levels of FOC

Fear of Crime Low High Ethnic Group African Asian European American 45 (57.7%) 14 (17.9%) 11 (14.1%) 8 (10.3%) 78 (100%) 86 (69.4%) 20 (16.1%) 13 (10.5%) 5 (4.0%) 124 (100%)
Table 4 Influence of Psycho-social factors on Social Factors

B 1 2 3 4 5 6 -1.79 3.48 5.75 -6.19 -.817 -.376 B -1.07 .128 .203 -.015 -.148 -.129 T -1.30 1.67 2.35 -.219 -2.12 -1.82 P >.05 >.05 <.05 >.05 <.05 >.05 .207 .042 2.89 <.05 .243 .059 4.14 <.01 R R
2
Total 131(64.9%) 34 (16.8%) 24 (11.9%) 13 (6.4%) 202 (100%)
Total P
N=202, *2 = 4.51, df = 1, p < 0.05
Note. Variable 1 = personality, Variable 2 = Perceived Police Effectiveness, Variable 3 = Perceived security, Variable 4 = Age, Variable 5 = Sex, Variable 6 = Ethnicity.
Discussion As observed in this study, psychological factors in combination significantly predict FOC. Related studies also confirm that many psychological factors influence the perception of socio-psychological issues (see also Bernard, 2006; Hall Crichter, & Jefferson, 2007; Altheide & Snow, 2005). This implies that perceived police effectiveness, perceived
security and personality variables jointly influence a potential victims level of FOC. When examined as independent factors, only perceived security predicted FOC, contributing 20% of variance. While the review of research related to the combined influence of psychological factors investigated in this study is limited, the above findings suggest the need for considering the combined impact of the above variables in determining a potential victims level of FOC. The main influence of perceived security on FOC is logical and in agreement with the findings of Bernard (2006), and Hall, Crichter, and Jefferson (2007). Individuals who feel secure are relatively unconcerned about the possibility of a criminal event impacting their livesthey feel prepared and adequately equipped to deal with any eventuality. These individuals may feel that, regardless of the severity of a criminal assault, they have the capacity to prevent or ameliorate its effects by drawing on
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their coping strategies, thereby removing the basis for any form of FOC. Even in cases in which the public policing system is unreliable, persons with relatively more resources in Nigeria have the capacity to initiate alternative security measures consistent with the degree or possibility of anticipated risk of assault. Further, most foreign nationals in this study, particularly Americans and Europeans expatriates, are employed in relatively lucrative occupations, such as the oil, gas, and information technology industries. As a result, these foreigners in Nigeria have higher wages, status, and living standards relative to nonNigerian-Africans. Consequently, this group can direct resources to obtain the desired level of security, in addition to locally implemented anticrime measures. Another explanation for the lower levels of fear of crime reported by foreigners compared to non-Nigerian-Africans may be that foreigners are more responsive, better trained, more professional, and enjoy more visible policing. These factors in effect reduce incivility and crime opportunities (through environmental re-design) in the expatriate life context, leading to an appraisal among foreign nationals of increased personal security. This interpretation is in agreement with the Person-Environment fit theory (French, 1973). However, why Americans, Europeans, Asians and non-Nigerian Africans reported lower levels of FOC compared to Nigerian-Africans is still unresolved. Perceived police effectiveness and personality variables did not predict FOC in this study. This finding means that an individuals impression of the effectiveness of the police does not significantly predict FOC. This finding is contrary to earlier findings of Hall, Crichter, and Jefferson (2007) that an individuals impression of the effectiveness of the police often determines FOC. The findings in the present study may be based on the contention that crime is naturally an unpleasant stimulus, and would readily engender a fear response, irrespective of whether or not the police system is perceived to be competent. A fear response could be more readily explained by the frequency, diversity, and heinous nature of crime in unsafe and poverty-endemic societies such as Nigeria. As posited by Alemika, (2009), the primary purpose of the police in any society is to protect lawabiding citizens from crime and to enforce laws. No society can develop without an efficient law enforcement system. Athough Nigeria has a police force of more than 370,000 officers, the public perception of the police is generally negative: that is, corrupt, brutal, and unprofessional. A very high degree of fear of crime results from peoples loss of confidence in the ability of the security agencies to protect them. People may fall victim to attacks from
both security agencies and criminals; often it is difficult to distinguish between the two groups of offenders. There are also raids in which people are arrested on the streets or in their homes, usually after a crime, and are mistakenly accused of armed robbery. Also, people conducting business with banks are often at the mercy of criminals. Official inaction to redress this type of crime has also generated a lot of insecurity. Earlier, it was observed that a poorly equipped and motivated police force would most likely be ineffective (Barak, 2006; Hall, Crichter, & Jefferson, 2007). This contention manifests itself in unwillingness on behalf of police officers to risk their lives for the citizenry and a lackadaisical attitude demonstrated during investigations. Such as state of affairs might have contributed to the higher level of FOC reported by the Nigerian participants in this study, and as observed by Alemika (2009). Further, the present study established a significant, positive relationship between perceived police effectiveness and perceived security. This finding suggests that an increase in an individuals perception of police effectiveness is associated with an increase in a persons level of perceived security, a notion that is in agreement with the PersonEnvironment fit theory proposed by French (1973). Finally, it was found that age, gender, and ethnicity significantly predict FOC. In combination, they contribute 4% of total variance, but sex contributed 15%. The significant influence of gender in predicting FOC, as well as the failure of age in predicting FOC, partly supports the findings of Brammer, (2006) who found that older people and women show much greater levels of worry about the possibility of walking in the streets at night. In the Nigeria context, both elders and the young will not venture out at night because the streets in most cities are dark due to predictable and pervasive electricity supply outages. Conclusions The influence of the psychological factors of personality, perceived insecurity and perceived police effectiveness, and the demographic factors of age, sex, and ethnicity as they relate to FOC among multinationals was investigated. An association was found between the combined influence of psychological factors and the independent influence of perceived security on FOC. Personality and perceived police effectiveness did not predict FOC. Demographic factors jointly predicted FOC, as did a persons sex, but race and age did not. A significant, positive relationship was found between perceived police effectiveness and perceived security. A significant
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difference was found between various national groups in terms of levels of FOC reported; Nigerians reported the highest level and Americans reported the lowest level. It is recommended that individuals, NGOs, and all levels of governments in Nigeria be aware that FOC varies among foreigners and that FOC is predicted by perceived security and gender. These factors should be considered in determining FOC, especially for employees of multi-national companies working in Nigeria. In addition, the joint influence of other psychological and demographic factors considered in this study should be considered when formulating policies and planning intervention programmes.
References
Agbola, T. (1997). The Architecture of Fear: Urban Design and Construction Response to Urban Violence. Ibadan, Nigeria: IFRA. Alemika, E. (2009). National Criminal Victimization And Safety Survey, 2009: Summary of Findings. Retrieved from CLEEN Foundation, Lagos, Nigeria: http://bit.ly/iQknC0 Altheide, D., & Snow, R. (2005). Media Worlds in the Postjournalism Era. Hawthorne, New York: Aldine Press. Barak, G. (2006). Media, Process and the Social Construction of Crime. New York: Garland. Bernard, Y. (2006). North American and European Research on Fear of Crime. Applied Psychology: An International Review, 41(1), 6575. Brammer, P. (2006). The Fear of Crime: A Revisitation. Victimology, 8, 5873. Canadian Centre for Justice Statistics (1997). Canadian crimes statistics, 1996. Juristat, 17(8), 8-15. Chermak, S. (2007). Crime in the News Media: A Refined Understanding of How Crimes Become News. In G. Barak, (Ed.) Media, Process and the Social Construction of Crime. New York: Garland. Church Council on Justice and Corrections (1997). Fear of crime in Canada: Taking the pulse of a nation. Ottawa: Church Council on Justice and Correction. Croall, H. (1998). Crime and Society in Britain. Harlow: Pearson Education Limited. Evans, D. (1995). Crime and policing: Spatial approaches. England: Avebury. French, J. (1973). Person role fit. Occupational Mental Health, 3(1), 1520. Geert, van B. (2008). Fear of crime: feeling (un)safe and (in)secure in the risk society. Retrieved August 10, 2011, from http://bit.ly/n2Y7Ba Hall, S., Crichter, C., & Jefferson, T. (2007). Policing the Crisis: Mugging, the State and Law and Order. New York: Holmes & Meiser. Hough, M. (1995). Anxiety about crime: Findings from the 1994 British Crime Survey. London: Home Office Research and Statistics Department.
John, O. P. (1991). The Big-Five trait taxonomy: History, measurement and theoretical Perspectives. In L. A. Pervin, & O. P. John (Eds.), Handbook of personality: Theory and Research (pp. 102138). New York: Guilford Press. Lagos State Government, Nigeria. (2011). Population. Retrieved May 22, 2011, from http://bit.ly/iVDFCx Martin, M., Grunendahl, M., & Martin. P. (2001). Age differences in stress, social resources, and well-being in middle and old age. Journal of Gerontology: Psychological Sciences, 56B, 214222. Mawby, R., & Walklate, S. (1994). Critical Victimology: The Victim in Victimless Crime Situations. International Journal of Police Strategies and Management 24(2), 200215. Mukoro, S. I. (1991). Crime and the Environment Enhancing Safety in Our Cities Through Environment Design. Paper presented at the Inaugural Seminar of the School of Environmental Studies, Auchi Polytechnic, Auchi, Japan. Pino, N. W. (2001). Community Policing and Social Capital. Policing: an introduction to policing techniques and public control. Journal of police strategies and management, 91, 101138. Scarborough, B. K., Like-Haislip, T. Z., Novak, K. J., Lucas, W. L., & Alarid, L. F. (2010). Assessing the relationship between individual characteristics, neighborhood context, and fear of crime, Journal of Criminal Justice, 38(4), 819826. Silverman, R. A., & Kennedy, L. W. (1983). Age, perception of social diversity and fear of crime (Discussion Paper 2). University of Alberta: Population Research Laboratory, Department of Sociology. Skogan, W. G., & Klecka, W. R. (1997). Fear of crime. Washington: American Political Science Association. Toseland, R. W. (1982). Fear of crime: Who is most vulnerable? Journal of Criminal Justice, 10(3), 199209. U.S. Department of State. Bureau of Consular Affairs Travel warning. Retrieved December 15, 2010 from http://travel.state.gov/ Zedner, L. (1997). Victims. In M. Maguire, R. Morgan, & R. Reiner (Eds.), The Oxford Handbook of Criminology. Oxford: Clarendon Press.
Endnotes
i Twenty-five items were generated through two focus group discussions, literature review and suggestion of experts. An initial content analysis by experts led to deletion of 4 items. After minor wording changes, each of the remaining 21 items were placed on a five-point response scale with responses ranging between strongly agree to strongly disagree. Psychometric analysis of the items included item analysis, confirmatory principal component analysis (PCA), and internal consistency analysis using Cronbach alpha. Correlation ranged between .30 and .63. The 21 items were subjected to PCA with iterations, mean substitution of missing values, varimax rotation, and Kaiser normalisation. Application of Kaisers criterion of using all un-rotated factors with Eigen values >.30 resulted in 4 components accounting for 28.7% variance. The rotated component matrix was parsimonious and interpretable The Press
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with all the 21 items loading on one of four 4 components. The four components accounted for 37.2% of initially extracted common variance. Component 1 had Eigen value of 6.3 with 13.57% variance, component 2 had Eigen value of 4.7 with additional 17.3% variance, component 3 had Eigen value of 11.2, and added 21.9% variance, and component 4 had Eigen value of 17.4 with 17.6% variance. Component 1 had a Cronbach alpha of .81, Component 2 had .43, Component 3 had .72, while Component 4 had .66. The overall Cronbach alpha for the scale was 0.64. The norms were (N = 202, Mean = 66.10, SD = .10). A high score means a high level of perception that the police service is effective in crime prevention and control, vice versa. ii The scale had a five-point Likert response format ranging from Strongly Agree to Strongly Disagree. Psychometric analysis of the items included item analysis, PCA, and internal consistency analysis, using Cronbach alpha. Correlations ranged between .31 and .67. The 20 items were subjected to PCA with iterations, mean substitution of missing values, varimax rotation, and Kaiser normalisation. Application of Kaisers criterion by using all unrotated factors with Eigen values >.30 resulted in three components accounting for 17% of the variance. The rotated component matrix was parsimonious and interpretable with all the 20 items loading on one of the three components. The three components accounted for 22.6% of initially extracted common variance. Component 1 had an Eigen value of 4.2 with 9.8% variance, Component 2 had Eigen value of 6.5 with additional 13.2% variance, while Component 3 had an Eigen value of 11.2, and added 26.1% variance. Component 1 had a Cronbach alpha of .76, Component 2 had .62, while Component 3 had .56. The split half reliability was .58 and .70 respectively. The overall Cronbach alpha for the scale was 0.64. The norms were (N = 202, Mean = 88.18, SD = 9.64) (a high score means a high level of perceived security, and vice versa).
The Press

Restorative Justice and the Status of Victims in Criminal Proceedings: The Past and Future of Victims Rights
JOANNA BEATA BANACH-GUTIERREZ
Faculty of Law, University of Bergen
ARTICLE HISTORY Received 23 November 2010 Received in revised form 6 June 2011 Accepted 27 July 2011 ABSTRACT This study explores two major issues posed by victims rights in contemporary criminal justice systems: the types of rules that should be adopted to strengthen the role of victims of crime in the emergent European criminal justice, and the appropriate role of restorative justice practices in the judicial landscape. This current discourse is examined in the context of a comparative study of developing international standards of due process, and criminal procedural law in Poland. 2011 Tokiwa University doi: xxxxxxxxxxxxxxxxxx
Typical perspectives of current international

(European) and national policy relevant to the rights of victims of crime in contemporary criminal justice systems are (a) the prevention of victimization including secondary victimization, (b) assistance to victims of crime, (c) the standing of victims in criminal proceedings, and (d) victim compensation. Comparative research findings suggest that emergent European criminal justice is trending toward strengthening of the status of victims of crime at all stages of criminal law procedure and in strengthening the standing of victims in criminal procedure as it relates to restorative justice. Victimology is closely related to the field of critical science that, in turn, is associated with contemporary criminology. More precisely, it refers to critical criminology, including Marxist theory, postmodernism, feminism, and abolitionism, and is oriented towards not only the offender, but also society and victims of crime (van Swaaningen, 1997). The positive aspect of critical criminology is that it focuses public attention on contemporary issues of family violence, sexual crimes, child abuse, corporate and business crime, and environmental crime. These
Corresponding author at Faculty of Law, University of Bergen, Magnus Lagabtesplass 1, Postboks 7800, 5020 Bergen. E-mail: Joanna.Bannach-Gutierrez@jur.uib.no Printed by The Press, California State University, Fresno. All rights reserved. doi: 10.5364/ipiv.6.1.45
perspectives place the victim and vulnerable groups at the center stage of the investigation. In brief, critical criminology argues that crime is a product of society and is reasoned by social harm (injury). Its normative foundation is linked to the notion of social justice and human rights culture. Critical criminology presumes that moral, political and economic questions should not be ignored. Such an approach is important in view of current criminal policy that aims at policing or governing through crime (Baker, 2010; Simon, 2009). While critical criminologists, in general, focus on the offender as a victim of criminal justice, the feminist perspective centrally positions the victim in its research perspective. Furthermore, feminism manifested in the womens movement has promoted assistance programs for victims of crime and has had a major impact on the development of the theoretical basis of victimology in its use of case studies of victimization. For example, sections of the womens movement initiated campaigns for penalization of rape within marriage, violent pornography, and workplace victimization. In Poland, victimology is taught as a regular subject in law at the universities of Warsaw, A. Mickiewicz in Poznan, and Lodz. Separate courses are offered at the University of Wroclaw, Jagiellonian University, and the University of Opole, and optional courses are provided at the University of M. Curie-Sklodowska in Lublin, the University of
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Banach-Gutierrez, J. B. /International Perspectives in Victimology 6 (1), 45-65
Szczecin, and the University of Warmia and Mazury in Olsztyn (Poluszynski & Sondej, 2008). Victimology is also offered as part of legal studies at the Higher Police School in Szczytno. In accordance with the widely introduced concept of good police training the approach prescribed is that police officers should have an adequate knowledge of victimology in their routine contact with victims of crime. This background is important because police officers are on the front line of doing justice, in their direct access to all kinds of evidence measures. For example, the hearing of victims (or witnesses) is commonly undertaken by police officers because they are the first to arrive at the crime scene (Tyburska, 2008; Banach-Gutierrez, 2006). Gavrielides (2007) characterizes the main programs traditionally associated with restorative justice. These are (a) Victim-Offender Mediation, (b) Family-Group Conferences, (c) Healing and Sentencing/ Peacekeeping-Peacemaking Circles, and (d) Community Restorative Boards. Victim-Offender mediation is one of the most commonly used contemporary restorative programs. Family Group Conferences, involve victims and offenders, secondary victims, the parties families and close friends, community representatives, or the police, all of whom are brought together by a third impartial party usually trained for this task (the facilitator). Healing and Sentencing/ Peacekeeping-Peacemaking Circles organized by community justice committees make the decision about which cases to accept. According to Gavrielides, cases pursued typically: [I]nvolve a multi-step procedure, which starts with
an application by offenders to participate in the process, and continues with a healing circle for them and their victims. If the discussion in the healing circle proves to be constructive, helpful and sincere, then a sentencing circle is formed for the discussion on the elements of a sentencing plan. After all parties have agreed a sentence, follow-up circles, in various intervals, are formed to monitor the progress of the offender. (pp. 34-35)
generating meaningful community-driven consequences for criminal actions that are said to reduce costly reliance on formal criminal justice processing. (p. 35)
Restorative Justice Restorative justice practices are widely promoted by the Polish Mediation Centre in Warsaw that organizes training courses for mediators and publishes its own journal entitled, Mediator (Ciepy, 2009; Miers & Willemsens, 2004; Patek & Fajst, 2005; Zalewski, 2006). But what actually is restorative justice? In the discourse on restorative justice, Kaptein (2008) discusses retribution reformed, to illustrate the concept of civilized criminal law. He argues:
In civilized criminal law, punishment is no longer regarded as infliction of suffering in the first place, be it for preventive, retributive or other reasons. Reparation or compensation by offenders for victims may still lead to suffering by offenders, as they may be forced to penal servitude or other service on behalf of victims. But such suffering is a by-product, probably satisfying victims to some extent but not essential for punishment as reparative retribution. (p. 10)
Community Restorative Boards:

[A]re small groups of active citizens specifically trained to conduct public, face-to-face meetings with offenders sentenced by the court to participate. The aim of each board is to provide an opportunity for victims and the community to confront offenders in a constructive manner, while giving the chance to the offender to take personal responsibility. Community Restorative Boards promote citizens ownership of the criminal justice system, as they provide them with an opportunity to get directly involved in the justice process,
Generally, on the basis of available literature, it may be stated that restorative theory encompasses two separate practices: restorative practice sensu stricte that involves all parties to the conflict and supportive restorative practices (Ryska, 2005) Comparative studies on the restorative justice approach in criminal procedure indicate its impact on the functions of criminal law, specifically the restorative function of criminal law, or the reparation of damages. More precisely, the three traditional functions of current criminal law are (a) protective, (b) the guarantee (defence rights), and (c) restorative. This means that criminal law should protect the goods and values that have significant meaning for a particular society, or in other words, the protective function is aimed at the general interests and significant values of the society or community. Criminal law should also protect the legal goods (interests) of an individual (the potential offender), in the sense of respecting procedural rights or safeguards (legal guarantees) in criminal proceedings and ensure protection from possible State abuse. In actual practice, criminal law has to ensure respect for the fundamental rights of individuals, protecting them from any injury arising from the exercise of State power. Such an approach should take into consideration fair and just treatment of all individuals, both suspects or defendants and victims
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of crime, in the course of the criminal process. Only then may one discuss the guarantee function of criminal law in terms of understanding the respect for procedural rights (procedural guarantees) that form the foundation of due process (fair trial). Moreover, criminal law should enable or facilitate the reparation of damages or harm done to victims as the result of any crime and/or fundamental rights violation in judicial proceedings (Letschert & Van Dijk, 2011; Brants & Franken, 2009). One of the oldest historical element in any process of justice is to satisfy the feeling of justice in the sense that justice has been done to the victim of crime, his or her family, and also for the group, the community, or society through the punishment of the offender (Langbein, 1976). Nevertheless, the current restorative justice model prescribes that the relationship between the defendant and victim occupies center stage with the State playing the role of arbiter and not that of one of the parties to the conflict. In other words, the defendant has done harm to his victim and not to the State. In accordance with theories of restorative justice, the victim should be the focus of the criminal justice system with his/her procedural guarantees. In contrast, retributive justice prescribes that offenders be punished under the law (local sense of justice) in proportion to their guilt and the injury inflicted on their victims. Such a traditional theory of retributive punishment is based on an assumed moral association between doing wrong and justice (i.e., rules of equity and just deserts). A so-called civilized criminal law, might bets be developed through the application of typical restorative justice measures such as settling disputes through mediation (i.e., victim-offender mediation) or conciliatory proceedings (i.e., victim-offender reconciliation). Such a civilized approach to victims rights may enable victims to speak out against offenders in the criminal justice process. As is common in contemporary criminal justice systems, the traditional two-party retributive scheme of pitting the defendant-State is slowly being replaced in some criminal cases (e.g., juvenile crime, and minor/petty offences) by three-party restorative schemes of defendant-victim-State. However, the implication of restorative justice practices for the criminal justice procedure may also provoke some dispute regarding the notion of doing justice, including the role of traditional criminal sanctions such as retributive justice and punishment. In this sense, crucial questions arise about the aims of restorative justice practices and the limitations of their application to the criminal justice procedure. In this respect, it is suggested that restorative justice practices are useful only in well-reasoned criminal cases and that they should not replace traditional
punishment for a broad range of penalties and for additional criminal/penal measures. Restorative justice practices should play rather a complementary role within a designated system of criminal sanctions to compensate (restore/repair) harms and/or damage done to victims. Conflict between the victim and the offender may emerge but, nevertheless, the legal basis of the relationship between the victim and the offender remains defined as a material crime in the criminal code. Thus, restorative justice practices should not trend toward abolitionism and compensation per se should not eliminate the role of punishment under criminal codes. Additionally, it should be noted that the use of such terms as compensation, reparation, and restoration in their lexical and substantive meaning may differ within the same European jurisdictions as well as between common law and civil law. That is, the same term compensation may refer to reparation ordered by a court (civil damages), to State compensation schemes, to punitive damages, a form of civil punishment that is different from reparation and restoration or civil damages. The Problem Of Mediation The problem of mediation is related to supportive restorative practices aimed at meeting the needs of a particular subject of standing, in the criminal law processthe victim and the offenderfor example, in implementing compensation schemes, providing financial aid and medical, psychological, and legal services, and rehabilitation, or reintegration. As actually practiced in current criminal procedures, victim-offender mediation programs play the most significant role (Ryska, 2005). In addition, mediation programs are closely linked to compensation for damage. The most common restorative justice program in criminal procedure is victim-offender mediation. The European Forum for Victim Services Statement on the Position of the Victim with the Process of Mediation describes the mediation procedure as a practice which may entail potential positive outcomes for victims of crime in recovering or minimizing the effects of victimization if certain variables are adequately taken into account (Casado, Moyano Marques, & Panagiota, 2008). Its aims are to reach reconciliation between the parties concerned, rehabilitation, and reintegration with the community. Simply put, restorative justice practices help offenders understand the impact of their crimes, the effect they have on the victim or victims, and actions they may take to assume proper responsibility for their actions; that is, to restore or
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compensate for the harm or damages they have caused. For victims of crime, restorative justice practices should provide an opportunity to be heard, to speak out against the offender and to negotiate procedures, such as the type of compensation and psychological relief (Conference of European Ministers of Justice, 2005; Conference of European Ministers of Justice, 2006; Council of Europe Recommendation, 1985; Council of Europe Recommendation, 1999; Council of Europe Recommendation, 2006a, 2006b, 2006c; UN ECOSOC Resolution 2002/12). Mediation programs in criminal cases are different from similar procedures in other areas of life; that is, the position of victim and offender in restorative practices is less symmetrical than in other domains. This asymmetry is often seriously underestimated in the current international standards governing restorative practices (Groenhuijsen, 2008). In mediation programs, it is possible to distinguish between direct mediation and so-called shuttle diplomacy in which there is no direct confrontation and communication between the victim and the offender. In principle, mediation procedures are used for settling disputes (conflicts) in minor offences and juvenile crime. For example, in Poland mediation programs in juvenile cases are based on legal regulations introduced in 2001. This prevents juvenile offenders from having direct contact with the formal criminal justice system (Biekowska, 2008). The Ethical Code of Polish Mediators was also introduced (Kodeks etyczny mediatorow polskich, maj 2008). In other countries, mediation programs have been applied in such serious cases as the domestic violence, sexual offences, or murder. Restorative justice practices are also used in cases of mass violence (e.g., international crimes under the jurisdiction of international criminal tribunals), and terrorism. While mediation and other restorative justice practices may deliver great benefits to all parties concerned, according to Groenhuijsen (2008), they also have the potential to do harm:
[I]t is remarkable that the existing international protocols for restorative justice do not take the latter factor adequately into account. These instruments fail to recognize that no programs should be described as restorative if it does not, as a priority, seek to restore the victim. (pp. 128-129)
will). Also, it may happen that offenders are forced to apologize to the victims, expressing pseudo feelings of sorrow or regret (penitence) for doing harm. For this reason, the question is whether or not we can uncritically apply restorative justice practices, such as mediation, and how they can meet the emotional needs of all parties involved? The current concept of doing justice for victims of crime requires that all circumstances must be analyzed by the court (or the prosecution authorities, such as police officers and public prosecutors), including, in a manner that also considers the essence and values of the restorative justice practices specifically, for the potential to inflict psychological trauma on victims and the potential risk of secondary victimization (Cunnen, Bargen, & Stubbis, 2008; Ryska, 2005), in accordance with the Council of Europe Recommendation (2006a, 2006b, 2006c. An important role is prescribed for States in Articles 3.3. and 3.4, which should ensure that victims who are particularly vulnerable, either through their personal characteristics or through the circumstances of the crime, can benefit from special measures best suited to their situation (Council of Europe Recommendation, 2006a, 2006b, 2006c). Article 3.4 provides that member states take measures to ensure that victims and their families, especially the most vulnerable, receive:
1. 2. 3. 4. 5. 6. Emergency help to meet immediate needs, including protection against retaliation by the offender. Continuing medical, psychological, social and material help. Advice to prevent further victimization. Information on the victim's rights. Assistance during the criminal process, with due respect to the defence. Assistance in obtaining effective reparation of the damage from the offender, payments from insurance companies or any other agency and, when possible, compensation by the state.
In this context, the emotional needs of crime victims should always be considered, in terms of the victim not being able to forgive the offenders and then to reconcile with them. In some cases, mediation programs also put pressure on the victims to give their forgiveness, even against their own feelings (or
Also, Article 8 on assistance to crime victims and Article 10 are concerned with the protection of physical and psychological integrity (Council of Europe Recommendation, 2006a, 2006b, 2006c). Taking into account due process, it seems prima facie that the fundamental human rights of both victim and defendant must be respected in any state of criminal proceeding. This question may justify the need for specialized legal training for criminal lawyers, police officers, and mediators. Such legal training should be regularly offered on the basis of some unified standards pursuant to international
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norms. Guaranteeing the protection of fundamental human rights is left to the competence of national judicial authorities as outlined in Article 12 concerning the selection and training of personnel. Internationalizing Standards on Victims Rights in Criminal Proceedings: A Question of Fairness (Justice) for Victims of Crime The emergence of restorative justice practices is a prominent trend strictly connected, not only to the phenomenon of crime and a role of punishment in our global criminal justice, but also to the standing of victims in criminal justice proceedings. Consequently, the 1985 UN Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power should be properly implemented into contemporary criminal justice systems (General Assembly resolution 40/34 of 29 November 1985). In addition, replacing the Declaration with a draft Convention on Victims Rights should also be taken into consideration. In brief, the UN Declaration awards victims the following rights:
1. 2. 3. 4. 5. To be treated with compassion and respect for their dignity To have access to justice and fair treatment To receive proper assistance or support throughout the legal process (material, medical, psychological and social To protection of privacy and physical safety To informal dispute resolution (including mediation, restitution, and compensation (when compensation is not fully available from the offender or other sources, States should aim to provide financial compensation).
UN Declaration into domestic criminal justice systems, its implementation still is unsatisfactory. Thus, future adoption of a UN Convention on victims rights may significantly contribute to a more effective implementation of rules respecting the rights of victims, than those presently covered in the 1985 UN Declaration. The main argument for a Convention includes such issues as (a) greater visibility of victims, (b) a hard law would increase pressure on governments than the current Declaration (a soft law), (c) the courts would take a Convention more seriously than a Declaration, (d) the draft UN Convention provides a framework for analyses of domestic law, and (5) the ratification process would urge States to explain publicly why they do not support the incorporation of victims rights in the form of a draft Convention (Groenhuijsen, 2008). First, the most important aspect of the draft Convention is the novelty issue of mediation and restorative justice. Article 9 states: Restorative justice
1. States Parties shall endeavor, where appropriate, to establish or enhance systems of restorative justice that seek to represent victims interests as a priority. States shall emphasize the need for acceptance by the offender of his or her responsibility for the offence and the acknowledgement of the adverse consequences of the offence for the victim. States Parties shall ensure that victims shall have the opportunity to choose or to not choose restorative justice forums under domestic laws, and if they do decide to choose such forums, these mechanisms must accord with victims dignity, compassion and similar rights and services to those described in this Convention.
2.
The UN Declaration defines victims as persons who, individually or collectively, have suffered harm, including physical or mental injury, emotional suffering, economic loss or substantial impairment of their fundamental rights, through acts or omission that are in violation of criminal laws operative within Member States, including those laws proscribing criminal abuse of power. Victims can be divided into direct and indirect victims (i.e., dependents and other relatives of a direct victim, who more often than not consist of spouse and children). The concept of victim may also include bystanders, accidentally hurt persons, or persons helping the victim or helping the police to prevent a crime or to apprehend the offender (so called Samaritans). This third group is often compensated on a par with direct victims in schemes that also cover unintentional crimes. Despite some attempts at promoting the transposition of the
Such provisions on restorative justice covered in a draft Convention reflect the view previously articulated by the European Forum for Victim Services (EFVS, 2005; see also Council of Europe Recommendation 2006a, 2006b, 2006c; Groenhuijsen, 2008). In recent years, international standards for victims rights have been increasingly developed through various legal instruments and in the jurisdiction of international courts. This progress, in turn, has considerably enhanced the position of victims position in criminal justice procedures resulting in more effective protection of their legal rights at the national level. Indeed, the procedural guarantees and the assistance rendered to victims of
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crime are gradually becoming essential elements of contemporary criminal justice systems at the regional and global levels. The support provided may include inter alia that some compensation be granted to the victims and their dependents (International Federation of Human Rights, 2010). The issue of compensation is an important measure in current restorative schemes. Restitution denotes, in principle, that the offender pay compensation by order of a civil or criminal court, or by entering into a special arrangement with the victim. For a variety of reasons, however, full reparation of harm and damage is seldom practiced. Therefore, the member states of the Council of Europe established several schemes to compensate victims of crime from available public funds, when compensation was otherwise unavailable. The first legal instrument for common compensation is the European Convention on the Compensation of Victims of Violent Crimes (1983). This Convention introduces compensation schemes for victims of crime and establishes at least minimum provisions for such schemes. The Convention provides that compensation be paid by the State on whose territory the crime was committed to nationals of the States party to the Convention as well as to nationals of all Member States of the Council of Europe who are permanent residents in the State on whose territory the crime was committed. It obliges the State to pay compensation only when reparations are not fully available from other sources (e.g., the offender and social security). For compensation to be payable from public funds, the offences must be intentional, violent, and the direct cause of serious bodily injury or damage to health. Additional measures have been adopted within the European Union to facilitate access to State compensation throughout the territory of the member states, for so called cross-border victims (i.e., transboundary situations). Since the 1980s, the European Parliament has shown strong and continuous support for improving compensation to victims of crime, in particular, Resolution on victims of violence (OJC 256, 9.10.1989), and Resolution on crime victims in the EU (OJC 67, 1.3.2001). Furthermore, the European Commission (1999) in its communication on Crime victims in the European Unionstandards and action, focused on the need to improve access to justice for victims of crime in the European Union and to protect their legal rights. The rights of crime victims were also discussed during the European Council (1999). Item 32 of its Presidency Conclusions directly calls for some minimum standards that should be drawn up on the protection of victims of crime, in particular on crime victims access to justice and on their rights to compensation for damages, including legal costs. In addition,
national programs should be set up to finance measures, public and non-governmental, for assistance to and protection of victims (European Council, 1999; European Council, 2004; Stockholm Programme, 2009). In turn, the Charter of Fundamental Rights of the European Union, 2000 may be recognized as the next step on the fragile path towards strengthening the rights of crime victims. Article 47 declares that:
Everyone whose rights and freedoms guaranteed by the law of Union are violated has the right to effective remedy before a tribunal in compliance with the conditions laid down in this Article. Everyone is entitled to a fair and public hearing within a reasonable time by an independent and impartial tribunal previously established by law. Everyone should have the possibility of being advised, defended and represented. Legal aid shall be made available to those who lack sufficient resources in so far as such aid is necessary to ensure effective access to justice. (p. 20)
These provisions, in majority, confirm the idea of a due process for the parties standing in any judicial proceedings. The first paragraph of Article 47 of the Charter is based on Article 13 of the ECHR, the second paragraph is compatible with Article 6 (1) of the ECHR, which partially requires that the defendants rights to a fair trial, be balanced with the rights of victims, and the third paragraph recognizes that provision should be made for legal aid where the absence of such aid would make it impossible to ensure an effective remedy (OJ 303, 14.12.2007). The right to effective legal remedies should be recognized as a key element in the common area of European criminal justice. Consequently, Ciceros maxima, in its original formulation ubi remedium, ibi ius [Where there is a remedy, there is a right] should once again be accorded the status of a principal rule in those contemporary legal systems aiming at a just result. The extent to which fair/just treatment or a fair trail is important for victims of crime in the context of doing justice (fair/just treatment or fair trial) while avoiding secondary victimization may be illustrated in a Norwegian case reported by Nowak (2010) who introduced the idea of a World Court of Human Rights:
In May 2005, Ms. E. H. A. (now aged 20, and resident in Stavanger) was at age 16 involuntarily admitted to the psychiatric ward of the Stavanger University Hospital; she had been taken to the hospital by a school consultant with her parents neither being informed nor consulted. According
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to her mother, Ms. A. had undergone a difficult period related to a possible sexual assault a few months earlier. This incident was reported to the police but the case was dismissed due to lack of evidence. Since admittance, Ms. A. has been forcibly administered different types of psychiatric drugs despite her parents repeated objections. As a result of her involuntary placement and involuntary treatment her health has deteriorated drastically. The case is now under supervision by the Norwegian Board of Health. (p. 277, para 202)
This example demonstrates the ease with which it is possible to cross the threshold of doing justice or goodness. The lack of effective legal remedies for all, especially for vulnerable people, may lead to their serious mistreatment. Vulnerable individuals may include persons with intellectual disabilities and with mental problems. The intellectually challenged, for example, are vulnerable to sexual and domestic violence, or human trafficking. Furthermore, their mistreatment through deprivation of their fundamental freedoms, as in the case reported above (Ms. E. H. A.), may, under certain conditions, be recognized as deprivation of liberty with torture. Norway signed, but has not yet ratified the UN Convention on the Rights of Persons with Disabilities on March 3, 2007 (UN, 2007), and ratification has still not occurred in Poland and many other European countries. The issue of vulnerable individuals was discussed during the 26th Conference of European Ministers of Justice (2005). Resolution No. 2 of the Special Mission of the Criminal Justice SystemRestorative Justice provides inter alia that the European Committee on Crime Problems (CDPC) established in 1958 be asked to give further consideration to the possibility of preparing one or more instruments to address the needs of group of vulnerable victims and/or offenders. Apart from the Charter, the next salient initiative taken towards strengthening of the rights of victims of crime within the European Union was the adoption of the Framework Decision 2001/220/JHA on the standing of victims in criminal proceedings, with a view to harmonizing basic rights for victims of crime within the European Union (OJL 82, 22.3.2001). The Framework Decision 2001/220/JHA includes an obligation for all Member States to ensure that crime victims obtain a decision on restitution from the offender during the course of criminal proceedings. Member States were obliged to adjust their laws and regulations to the extent necessary to achieve the objective of affording victims of crime a high level of protection, irrespective of the Member State in which they were currently living. In addition, and pursuant to the provisions of the Framework Decision 2001/220/JHA, each Member State was obliged to
ensure that victims of criminal acts were entitled to obtain a decision within a reasonable time on restitution by the offender during the course of criminal proceedings, except where, in certain cases, national law provided for compensation to be awarded in another manner. The European Union member states were also obliged to take appropriate measures to encourage the offender to provide adequate restitution to victims. Unless urgently required for the purpose of criminal proceedings, recoverable property belonging to victims seized during the course of criminal proceedings should be returned to the victim without delay. Other important issues considered were mediation between the victim and the offender throughout the criminal proceedings, the recognition that victims should be able to receive appropriate assistance to follow the progress of the case, the right to be treated with consideration, and to have the right to maintain their privacy. At a regional level, European Union member states are obliged to guarantee to victims of crime (a) the right to be treated with respect for their dignity, (b) the right to provide and receive information, (c) the right to understand and to be understood, (d) the right to have access to legal advice and to have legal costs refunded, (e) the right to be protected at various stages of procedure, (f) the right to compensation, (g) the possibility of setting disputes through mediation, and (h) the possibility for victims resident in another Member States to participate properly in criminal proceedings. Current judicial practice is that in many of the European Union member states, regulations on the rights of victims are not properly implemented (Groenhuijsen & Pemberton, 2009). As a result, victims of crime do not have all the legal rights that should be guaranteed in criminal proceedings. In summary, fairness as the essence of due process which calls for the equality of rights of the offender and the victim in criminal proceedings is endangered because it is not fully respected in judicial practice. Therefore, it is still necessary to take further action to strengthen the legal rights of victims by encouraging the relevant authorities to review national legislation with the aim of harmonizing legal standards and to adopt new regulations to improve the status quo. There is also a need to maintain compatibility with international standards for protecting victims rights in criminal proceedings. This is a key element of globalized criminal justice. The establishment of a stronger position for victims in the criminal procedure should be taken seriously because a model of due process has to include, not only the fairness for suspects or accused persons, but also for victims of crime. In the context of fair balance, justice for victims should be
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given the highest priority in contemporary criminal justice systems. The creation of creating a civilized rights based approach for victims is a new challenge for criminal justice in the twenty-first century. Other legal documents have been adopted within the framework of the European Union; (a) Council Directive 2004/80/EC relating to compensation for crime victims (OJ L 261, 6.8.2004), and the Commission Decision of April 19, 2006 establishing standard forms for the transmission of applications and decisions pursuant to Council Directive 2004/80/EC relating to compensation to crime victims (OJ L 125, 12.5.2006). Directive 2004/80/EC is of considerable practical importance because victims of crime often are unable to obtain compensation from the offender who may lack the necessary means to satisfy a judgment mandating restitution, or because the offender cannot be identified or prosecuted. Although Directive 2004/80/EC is incongruent with compensation claims, it constitutes a major step forwards in the creation of a genuine European area of justice, where citizens rights do not stop at national borders. The Preamble reads:
A system of cooperation between the authorities of the Member States should be introduced to facilitate access to compensation in cases where the crime was committed in a Member State other than that of the victim's residence. This system should ensure that crime victims could always turn to an authority in their Member State of residence and should ease any practical and linguistic difficulties that occur in a cross-border situation. The system should include the provisions necessary for allowing the crime victim to find the information needed to make the application and for allowing for efficient cooperation between the authorities involved. (p. 15)
necessary, take all measures possible to ensure appropriate assistance for victims families. (p. 6)
In addition, there are other sources of law respecting rights of victims: (a) Council Directive 2004/81/EC of 29 April 2004 on residence permits issued to third-country nationals who are victims of human trafficking or who have been the subject of an action to facilitate illegal immigration, and who cooperate with the competent authorities (OJ L 261, 6.8.2004), (b) the Initiative for a Directive on the European Protection Order (Jimnez Becerril, & Romero Lopez, 2011), (c) Directive 2011/36/EU on preventing and combating trafficking in human beings and protecting its victims, and replacing Council Framework Decision 2002/629/JHA (OJ L101,15.04.2011), (d) Proposal for a Directive establishing minimum standards on the rights, support and protection of victims of crime ( Brussels, 18, 05.2011), (e) Resolution on a Roadmap for strengthening the rights and protection of victims, in particular in criminal proceedings (Budapest Roadmap), and (f ) the ECJ case-law (e.g. Case I. William Cowan C-186/87, 1989.Case C-105/03 Maria Pupino, Case C-404/07 Katz, Case C-467/05 Giovanni dell Orto ) (Fichera, 2011). The major importance of the proposal for a European Protection Order in cross-border situations as a new tool for ensuring the safety of victims of crime within the emerging integrated area of European criminal justice should be emphasized. Article 1 (1) states:
[a] European protection order means a judicial decision relating to a protection measure issued by a Member State and aiming at facilitating the taking by another Member State, where appropriate, of a protection measure under its own national law with a view to the safeguard of the life, physical and psychological integrity, freedom or sexual integrity of a person. (p. 6)
Furthermore, the directive proclaims that it respects fundamental rights and, in particular, observes the principles reaffirmed in the Charter of Fundamental Rights of the European Union as general principles of community law. Thus, Directive 2004/80/EC is the first practical document establishing a legal basis for access to compensation in cross-border situations. At the European Union level, Council Framework Decision 2002/475/JHA of 13 June 2002 on combating terrorism (article 10. sec.2) also refers to victims of crime:
In addition to the measures laid down in the Council Framework Decision 2001/220/JHA of 15 March 2001 on the standing of victims in criminal proceedings, each Member State shall, if
The recognized value of a victims voice in criminal proceedings is confirmed in the Lisbon Treaty (OJ C 306, 17.12.2007). Article 82 (2) of the Treaty on the Functioning of the European Union (TFEU, 2008) states:
To the extent necessary to facilitate mutual recognition of judgments and judicial decisions and police and judicial cooperation in criminal matters having a crossborder dimension, the European Parliament and the Council may, by means of directives adopted in accordance with the ordinary legislative procedure, establish minimum rules. Such rules shall take into account the
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differences between the legal traditions and systems of the Member States. They shall concern: 1. Mutual admissibility of evidence between Member States; 2. The rights of individuals in criminal procedure; 3. The rights of victims of crime; 4. []. (p. 800)
In relation to the rights of victims of crime, the minimum rules should be built step-by-step to achieve some fairness in criminal proceedings, based on the common standards taking root in the legal culture of Member States, similarly to rules in other domains of European justice. This approach should create a set of procedural norms in the form of a more coherent body of laws, respecting the rights of victims of crime in a Europe with no internal borders. Such a catalogue of victims rights would then correspond to current social, political, and cultural transformations in a global civilized world founded on the democratic values of the international community and the humanization of law. It would also reflect achievements in human rights law. Therefore, the priority of victims rights should be seen as a common interest shared by all European citizens (Banach-Gutierrez, 2011).
The Legal Status of Victims of Crime in Polish Criminal Procedure Helping victims of crime should be an essential factor in European criminal justice in statu nascendi because criminality respects neither national borders nor any rules of law. For this reason, a common set of procedural guarantees for victims of crime is required, in particular guarantees relating to cross-border situations (i.e., transnational criminal law procedures). The trend of shifting focus from the criminal to the victim is much more visible in contemporary criminal policy than in past decades. In Poland, key guidelines developed through Polish jurisdiction for the police and judicial authorities have also been introduced and stipulate the proper treatment of crime victims. Moreover, the Polish legislature adopted an Act on State Compensation to Crime Victims (Parliament of Poland, July 7, 2005) as a result of the implementation into Polish domestic penal (criminal) law of Council Directive 2004/80/EC of 29 April 2004 relating to the compensation to crime victims (OJL 261, 6.08.2004). Polish penal law is based on a civil legal heritage, but at present it reflects common values and tendencies. The public prosecutor still plays a key
role in the criminal investigation process in the preparatory stage and is obliged to prosecute in court, speaking on behalf of victims. It is the public prosecutor who represents the views and concerns of crime victims because the victims status is limited to that of a witness; that is, it is the public prosecutor, not the victim, who speaks-out against the offender. In Poland, there is a distinction between legal and natural persons and this may have an impact on the victim in criminal proceedings; both have the ability to seek justice and redress before a court. Polish penal law also makes a distinction between public and private prosecution. The former indicates that the prosecution is conducted by a full-time public prosecutor acting in accordance with legitimate principles while the latter allows for prosecution by a private person (the victim) in certain offences defined under the Criminal Code. In addition, a victim can also prosecute and serve as a subsidiary prosecutor [oskaryciel posikowy]. Under Polish penal law, a victim of crime may claim pecuniary compensation for material and non-material damages (e.g., for pain and suffering as a result of the crime, and for medical expenses). A pecuniary compensation may be judged as a penal response in its own right (the penal measure) or may be granted in addition to the penalty. This penal measure plays both a penal and compensatory role in Polish criminal proceedings. Finally, it is a court that has to decide this matter. The Polish Criminal Code (1997) provides that in the event of crimes against a persons life or health, and that are committed intentionally, a court may mandate pecuniary compensation to be paid to the crime victim. This is a type of specific supplementary penal measurea supplementary payment [nawizka], allowing the order of a payment to the injured person or for a public purpose. A further pecuniary compensation is the restitution order, which is a penal measure for redress of damage [obowiazek naprawienia szkody]. A restitution order can be leveled in the case of death, serious bodily injury, an offence against safety in public traffic, for environmental damage, and for property and economic crimes. The Criminal Code allows for a restitution order as an alternative penal measure for acknowledging material and non-material damage:
[I]n serious detriment to health, disturbance to the functioning of the case of conviction for causing death, a bodily organ or disturbance to health, an offence against safety in traffic or an offence against the environment, property or commerce, the court, upon a motion from the injured person or from another person so entitled, shall impose the obligation to redress the damage caused, in whole or in part. The
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provision of civil law on statutes of limitation regarding claims and the possibility to adjudge an annuity, shall not be applied. (Article 46 1)
There are no obstacles as to civil claims for restitution or compensation under Polish penal law; that is, a victim of crime can sue for action against the offender for material and non-material damage in a criminal court. This action, or what is described as an adhesion claim, must be taken before the start of criminal proceedings and gives a victim the possibility of claiming damages in criminal proceedings (the civil plaintiff). Pursuant to the provisions of the Code of Criminal Procedure:
The injured person may, until the commencement of the judicial examination at the main trial, file a civil complaint against the accused in order to litigate, within the framework of the criminal proceedings, his property claims directly resulting from the offence. (Article 62).
Thus, in Poland, there is a precedent for combining criminal and civil proceedings. If sufficient restitution for damages cannot be gained through criminal proceedings, a victim can institute an action in a civil court. In public prosecution cases, as described above, the victim may serve as a subsidiary prosecutor [oskaryciel posikowy]. This gives the victim the right to prosecute, namely, In cases of indictable offences, the injured person may participate in the judicial proceedings as a party thereto, by assuming the role of subsidiary prosecutor, alongside the public prosecutor or instead of him (Article 53, Code of Criminal Procedure). The victim can also speak-out against the offender by submitting a private accusation to the criminal court. However, a private indictment (accusation) should be written and signed by an advocate (barrister) or a legal counsel. According to the Polish Code of Criminal Procedure in the event that the state prosecutor decides not to institute proceedings, or on the discontinuation of the proceedings, the injured person may, within one month of the date of the service of notification of such a decision, file an indictment with the court. A copy should be supplied to each of the accused and one to the state prosecutor. As a rule, an indictment filed by the injured party should be prepared and signed by a barrister; however, if the injured party is a public, local government or social institution, the indictment may also be prepared by a legal counsel. Other persons injured by the same act may join in the proceedings before the commencement of the judicial examination in the main trial. The public prosecutor may also participate in proceedings instituted through an indictment filed by the subsidiary prosecutor
(Article 55, Code of Criminal Procedure). In some events, the victim of crime has the right to take action against the offender and argue the case in a court as a private prosecutor [oskaryciel prywatny]; namely the injured person may bring an indictment as a private prosecutor, or support an indictment with respect to a privately prosecuted offence. Any other person injured by the same act may join the proceedings prior to the commencement of the judicial examination at the trial (Article 59, Code of Criminal Procedure). In principle, the public prosecutor should institute criminal proceedings or take the place of a party in litigation, if so required by social interests. That is, the criminal proceeding is conducted ex officio, and the victim who took action against the offender in the form of private prosecution becomes a subsidiary prosecutor. If the public prosecutor decides to withdraw from the criminal proceedings, the victim once again assumes the role of private prosecutor. In the event that the criminal court refuses civil claims (adhesion claims), the victim may then institute proceedings in the civil court. The Polish Code of Criminal Procedure provides that if the court refuses to admit a civil complaint or has left it unheard, the civil plaintiff may litigate his claim in civil proceedings.
Within the final time-limit of thirty days from the day of the refusal by the court to admit a civil complaint or to hear it, the civil plaintiff can move to refer his complaint to the appropriate court having jurisdiction over civil cases, the day on which the claim has been filed in criminal proceedings shall be deemed as the day of the filing of the civil complaint. (Article 67, Code of Criminal Procedure)
In some circumstances the criminal court may decree a pecuniary performance [wiadczenie pienine] as a penal measure for social interests. The existence of conciliatory and mediation procedures as well as the institution of incognito witnesses are also of importance. An incognito witness is allowed in specific cases where protective measures are necessary. Regarding mediation, Article 23a of the Code of Criminal Procedure, which is relevant to restorative justice, provides that a court, and at the preparatory stage of criminal proceedings, a state prosecutor, may, on his own initiative or with the consent of the parties, refer the case to an authorized institution or person to conduct a mediation procedure between the suspect and the injured party. Such a procedure should last no longer than a month, and the duration of the procedure does not count towards the length of time set for the preparatory proceedings. In the event of such a referral by a state prosecutor, he/she is required to take its outcome into
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account when making recommendations to the court. Where successful, these may have either diversionary or mitigating effects. The prosecutor may, firstly, recommend conditional discontinuance, where, pursuant to Article 66 (3) of the Code of Criminal Procedure, the injured party has been reconciled with the perpetrator, the perpetrator has redressed the damage or the injured party and the perpetrator have agreed on the method of redressing the damage. Mitigation is permitted by Article 53 (3) of the Criminal Code, which states that the court shall also take into consideration the positive results of the mediation between the injured person and the perpetrator, or the settlement reached by them in the proceedings before the state prosecutor or the court. In such circumstances, the court may decide to either conditionally discontinue the proceedings or, if the offender agrees, pass sentence without trying the case. Reconciliation, or completed else-planned reparation, may mitigate the sentence even in cases in which the lowest penalty provided for the offender would be incommensurate with its seriousness (i.e., extraordinary mitigation). However, there is some degree of uncertainty about the types of offences that might be amenable to the mediation procedure. In general, there are no formal limits. Nevertheless, there is a rule about conditional discontinuance under Article 66 (3) of the code of Criminal Procedure that may apply to offences that do not attract a sentence in excess of five years of imprisonment. In this regard, Polish regulations on the conditional discontinuance of criminal proceedings, which is already possible in the preparatory stage, is relatively close to the Norwegian/Danish model of probation in that an offender on release from retributive sanctions can still enjoy liberty under supervision stipulated by probation measures. Furthermore, at the judicial stage of criminal proceedings, Article 489 of the Code of Criminal Procedure (i.e., the conciliatory procedure) authorizes the judge in cases in which the prosecution is privately instigated to order, on the request or with the parties consent, that the case be heard using mediation. In turn, Article 492 of the Code of Criminal Procedure (conciliation of the parties) provides that, where there is a successful conciliatory procedure between the parties concerned the criminal proceedings shall be discontinued (Czarnecka-Dzialuk & Wjcik, 2004). A Bill Of Rights in Polish Criminal Justice The legitimate protection of fundamental rights should be a guiding rule in contemporary criminal justice systems. In accordance with standards of due
process, such a rule has to be fully respected at all stages of the criminal law process. Also, in Polish criminal justice, regulations constituting a Bill of Rights, should be guaranteed to potential victims. First, Directives issued by the Polish Minister of Justice [Wytyczne Ministra Sprawiedliwoci] (General Prosecutor, 9 April 2001), and The Polish Charter of Victims Rights (Ministry of Justice, 1999), categorizes the rights of victims of crime as follows: (a) a victims right to receive assistance, (b) a victims right to dignity, respect, and compassion, (c) a victims right to security and freedom from secondary victimization, (d) a victims right to justice (access to justice), (e) a victims right to mediation and conciliatory proceedings, and (f) a victims right to restitution or compensation for damage. In sum, during the course of criminal proceedings, victims should be treated with dignity, respect and compassion. Consequently, representatives of the justice systemthe police, health, and social servicesare obliged to observe the above principles. In the event that the police fail to meet their responsibilities, a victim may lodge a complaint according to the general rules established under the Polish Code of Administrative Procedure. Furthermore, the role of a prosecutor should be to protect the interests of the victim. It is noted that a victim of crime should receive a dignified hearing and receive legal, material, medical, psychological, and social aid. Additionally, a victim has a right to safety and protection of family and private life. It is required that the members of the judicial branch and police treat a victim with special care and seriousness. A victims testimony should be limited to the necessary minimum and be conducted in a culturally tactful way. In justified cases, the time and place of a victims testimony should be decided so as not to expose the victim to further contact with an offender. Victims who are minors at the preparatory stage should be heard by the prosecutor and, if necessary, in the presence of a psychologist (Prosecutor Office, 2010). A victim has a right to personal safety and it is the duty of the police and prosecutor to secure this (Police Act, 1990). As a protective measure a victim may claim the need to keep personal data secret and testify as an incognito witness. One fundamental right is the victims access to justice guaranteed by the rules of law. In the event of public prosecution, a victim may serve as a subsidiary prosecutor. This enables the victim to have better control over the case and play a more active role in the course of the criminal proceedings (e.g., by asking questions and supporting an accusation against the offender). One essential element is the victims right to fair and intelligible information on
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procedural guarantees. In accordance with Polish penal law, a victim may make a claim for damages in criminal proceedings; that is, institute an adhesion claim. Polish penal law allows also for mediation and conciliatory procedures. Thus, a victim has the right to mediation and conciliation with the offender. Such a motion should be presented to the prosecutor or court. The mediation proceeding is well-grounded if the offender has confessed to the crime (i.e., pleads guilty), or the crime relates to disputation between individuals (e.g., offences against family, life and health, body integrity, liberty, property, and traffic accidents). The Polish Code of Criminal Procedure gives the victim the right to communicate with the offender in reference to compensation for damages: a court is obliged to decide in this matter. Additionally, the victims claims for redress of damage, allows for better protection of personal interests, especially in the case of an ineffective adhesion claim, or a long and drawn-out civil procedure. Specific witness protection or assistance programs to support victims of crime and to effectively intervene on their behalf are a relatively a new idea in Poland (e.g., compensation schemes, crisis centers, and shelters for battered women). There are some already functioning private foundations and NGOs that give support to crime victims, especially to women and children (defined as sensitive witnesses). The rules covering the standing of victims of crime in criminal proceedings covered under the Polish Code of Criminal Procedure and also the initiatives instigated by the Polish Ministry of Justice reflect the main trends of United Nations and EU policies. For example, Poland implemented Council Directive 2004/80/EC of 29 April 2004 relating to compensation of crime victims into the national legal order. Poland has established a state compensation fund to victims of crime through an Act of 7 July 2005 on State Compensation to Crime Victims (Parliament of Poland, 2005). This legal remedy allows, in certain cases, material compensation from state authorities, but not more than 12,000 z. There has also been action taken on proposals for child participation in criminal proceedings in cases of domestic violence. Moreover, a Branch on Crime Victims, and Local Centers of Assistance for Crime Victims have been established within the Polish Ministry of Justice. At the same time, Poland has not ratified the European Convention on the Compensation of Victims of Violent Crimes (1983), whereas Norway signed on 24th November 1983 where it entered into force on the 1st of October 1992. Also, it is necessary to reconsider the national legislation in view of the Council Framework
Decision 2001/220/JHA of 15 March 2001 on the standing of victims in criminal proceedings to enhance its efficient application by national authorities (Banach-Gutierrez, 2008).
Conclusions Recognized international standards on the rights of crime victims clearly illustrate that a stronger position of victims in the criminal procedure has been consolidated as an essential aspect of due process. This global and regional trend toward the adoption of a civilized victims rights-based approach in contemporary criminal justice systems has also had an impact on national legislation. At the regional level, the question of the standing of victims of crime in criminal proceedings should be taken seriously, especially in the context of an emergent framework of European criminal justice. Although a wide range of victims rights has already been documented, there is still further scope for effectively implementing these rights into national legal systems. As a rule, all victims of crime should enjoy their rights in accordance with international standards. It seems obvious that national authoritiespolice officers, public prosecutors, and criminal judgesshould take responsibility for collecting the evidence material and should seriously consider victims rights to avoid secondary victimization. Specifically, vulnerable persons (e.g., children, women, persons with disabilities, or those with mental health issues) are at risk of violence and subsequent psychological and social trauma. Although reintegration into the community is a primary component of doing justice, the process is relatively complex and long-term. Also, victims of crime should be provided with emotional support and compensation for damage or harm done to them. In this respect, restorative practices may be useful to give victims some satisfaction and psychological relief. That is, victims of crime should be given a chance to speak-out against offenders during the course of criminal proceedings, as is provided by restorative justice practices to some extent. Nevertheless, the role of national authorities in this sphere is also important. Their prominent role means that restorative justice itself should not exclude the possibility of a criminal penalty, or penal measures in accordance with the crime as defined in criminal codes. On the one hand, legislation and judicial practices in Poland have adopted international standards for protecting victims rights and interests, but on the other, victimological theory is still in advance of judicial practice. For example, public prosecutors and criminal judges in Poland are not convinced of the
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effectiveness of mediation programs and, as a result, restorative programs are not widely applied. To compound this negative response, victims of crime all too often have their rights and effective legal remedies to which they have arguable claims, rejected. This rejection occurs because of limited knowledge of victims rights, because these rights are ignored, or because they are inefficiently implemented according to international (European) norms. For example, in 2007 mediation procedure was used in 1919 cases by public prosecutors in Poland. The largest number of registered cases was 1583 in the Biaystok Appeal Public Prosecutors Office, whereas in other regions the numbers ranged from 11 to 100. In 2006, 5052 registered cases were concluded as a result mediation procedures being applied by Polish courts (Kuelewski, 2008). In view of evolving international standards of due process for contemporary criminal justice systems, more empirical and comparative research on the standing of victims in criminal proceedings is required. It is necessary to review existing national legislation and to establish more effective judicial control for the execution of legal remedies that should be granted to victims of crime. Unfortunately, current judicial practices illustrate that, in many countries, victims of crime are in a relatively powerless position compared to suspects or defendants (Spronken, Vermeulen, de Vocht, & van Puyenbroeck, 2009; Spronken, Cape, Namoradze, & Smith, 2010). At present, victims cannot fully enjoy their legal rights in criminal proceedings because, in practice, implementation of the established standards for protection of victims rights in criminal proceedings depends, not only upon international or national criminal policies but on the good will of the police and judicial authorities. As such, despite valuable achievements in recent policy concerning crime victims rights, it seems that these rights are relegated somewhere between the past and the future in contemporary criminal justice systems.
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Boonsit, A., et al. /International Perspectives in Victimology 6 (1), 61-64
BRIEF COMMUNICATIONS
Restorative Justice: Innovative Conflict Resolution for Family Violence in Thailand
Angkana Boonsit1, Suwatchara Piemyat2, Ron Claassen3
Asian socialization usually calls for family problems to be resolved only by family members. The socialization processes, which elders teach the spouses for a happy married life, are: to trust, to honor, to be equal, to be endurable, to tolerate, and to sacrifice. These principles are similar to those of restorative justice, which aims to resolve the imbalance of power between the parties. The principles and practices of restorative justice can be applied to family violence both for maintaining the marriage and for constructive divorce mediation. The proposed model utilizes the practice of restorative justice in dealing with family violence.
The recent public discourse on family violence in Thailand has centered on spousal abuse. The inadequacies of the current criminal justice system in protecting assaulted wives has surfaced as an issue as victims do not want their husbands to be punished; they simply want to protect themselves and their husbands to stop abusing them. When a wife lodges a complaint with the police, she is likely to withdraw it later because if her husband is incarcerated the family will suffer economically and socially. Restorative justice represents a paradigm shift in dealing with such crime and victimization. In brief, restorative justice is a paradigm grounded in and necessitating a peacemaking perspective between a victim and an offender, i a process concerned with accountability, healing, and closure,ii and a healing response. iii Peacemaking itself is a complex concept because peace can be either positive or negative. Restorative justice, however, is based on positive peace, which implies the use of cooperative and constructive processes to resolve human conflict in the restoration of relationships iv . As such, the ultimate aim of peacemaking and restorative justice
Director, Thonburi Probation Office, Department of Probation, Ministry of Justice, Thailand. 2 Associate Professor, Faculty of Social Administration, Thammasat University, Thailand. 3 Director, Center for Peacemaking and Conflict Studies, Fresno Pacific University, Fresno, CA, USA. Received 6 October, 2010; Received in revised form May27, 2011: Accepted July 4, 2011.
includes restoring the victim and the offender to the community.v Two models were used in this study of conflict resolution for family violence in Thailand; the Peacemaking Model vi and the Four Options Model. The Peacekeeping Model concentrates on the concepts of (a) love-agape, (b) forgiveness, and (c) trust. Love-agape, is defined as a commitment to be constructive, forgiveness as the mutual recognition that injustices are recognized, equity is restored, and future intentions are made clear and trust is described as growing when people make agreements and keep the agreements that have been made. The initial step in the implementation of the model to conflict resolution is a commitment to be constructive. In this context, either the husband or the wife has to take the initiative by making a decision to be constructive even though what had been done to him or her was destructive. When both parties decide to be constructive, they are then more able to describe and understand what has happenednamely, the damage that has been caused, as well as its ongoing impact. The second step, recognizing the injustice, is when both parties describe their experiences and feelings and have them recognized by the other(s), and at the same time, freely agreeing that the injustices have indeed been recognized. The third step is restoring equity, which is usually a combination of the process of restitution (something the offender can do) and grace (letting go by the victim). The fourth step, clarifying future intentions, is when both parties address the need to do things differently in the future to restore the relationship. The fifth step, follow-up and accountability, is a process of verifying that both are satisfied that the agreements are being kept.vii The Four Options Model prioritizes the options for responding to conflict while implementing restorative justice. In Option 1, a party to the conflict (designated I) has the ability to control the situation or decision while the other party (also I) perceives that there is no choice other than to accept the decision. In Option 2, X (an outside party) makes the decision for both partiesthat is, the Is in the conflict, or those people needing to make a decision. In Option 3, the role of X is to assist the Is to agree on the decision or what action needs to be taken. Option 4 does not involve X meaning the decision made or the action taken is something agreed on by both Is with no outside involvement. The first step of conflict resolution, in some cases,
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may be either Option 1 or Option 2 followed by transfer to Option 3 and/or Option 4. These restorative justice models and preferences are consistent with Asian culture and Buddhist values. In 2004, Angkana Boonsit,viii the director of the Thonburi Probation Office in Thailand, found strong evidence of domestic violence and the reasons underlying that familial abuse in a small village in eastern Thailand. In the women and men she surveyed, 73.7% reported domestic violence; 74.8% reported cases of serious quarreling leading to abuse, and 64.9% reported spousal abuse. About one third (31.6%) had heard men in the village talk about why they assaulted their wives and 46.0% had heard women talk about assault by husbands. When Boonsit asked about this experience, 42.1% said that they had quarreled with their spouse. Although most women reported that they had never been in a quarrel occasioning assault, 25% had been assaulted. When asked about their reaction to this, most (74.2%) reported that they felt guilty. In addition, 44.2% of these women did not really know to whom to turn when they were abused. When pressed, they said they would seek help from their parents, relatives, or neighbors. The vertically structured kinship system in Thai society is the primary counseling resource in cases of domestic violence. Community leaders only intervene if asked to do so as domestic violence is believed to be a private problem to be resolved within the family. The Thai proverb, Dont let the inner fire outDont bring the outer fire in, means not discussing family problems with an outsider. All males in the village adhered to this saying that obeying this maxim leads to a happy family. At the same time, almost all the women believed the underlying sentiments of the proverb were irrelevant in some situations. Occasionally, they said, they needed someone to turn to for safety, to listen to them, or to act as a mediator. It was generally agreed that no outsider should intervene or become involved in family problems except in cases of serious physical abuse; however, if the situation was dangerous, wives usually reported that they would ask for help. In the Thai criminal justice system, the application of restorative justice for healing and harmony between victim and offender in cases of domestic violence is more useful than current practice. Socialization in Thailand is based on processes of trust, honor, equality, endurance, toleration, and sacrifice. These are compatible with the aims of restorative justice to resolve the imbalance of power between the parties, and to the constructs of love-agape, forgiveness, and trust in the Peace Making model. Even after violence in the family happens, husbands and wives want to stay married, each hoping that the other will change, but while couples use time to heal the conflict, they rarely use strategies to improve their relationship. This is one reason why the principles and practices of restorative justice to mitigate the impact of family violence in Thailand may be useful. Specifically, spouses want the other to apologize and promise not to be violent again, but Thai women believe it is difficult for a Thai man to apologize directly to his wife. Rather, men do so indirectly by performing some act that demonstrates their remorse housework, taking the wife shopping, or going on a picnic. Such evidence implicitly shows that perpetrators of domestic violence want to live together and to make a commitment to be constructive to maintain their married life. The model poses the questions, What will happen if a spouse does not recognize his/her wrongdoing? and, If they need help, who will be the mediator to facilitate the process? Questions like these are not dealt with because Thai people generally do not give information to outsiders and constructive processes for dealing with family problems are not openly discussed. Another key issue for women in Thailand is recognizing [the] injustice of the behavior of their husbands. The first people women think of when faced with family violence are the parents of their husband. They want them to warn the spouse to stop the abusive behavior, or to intervene and take the role of mediator to address injustice, but at the same time, they are generally afraid that the parent will turn against them. In this respect, the mediators should be family members who are older and respected by the spouse. Research evidence demonstrates the possible scenarios following family violence, that is, (a) the victim stays silent, (b) the victim goes back to her parents home waiting for her husband to reconcile, and (c) the victim asks the offenders parent to warn her husband. But in all of these outcomes, there is no mediation process and no agreement concerning future family conflict. When the conflict begins, most victims (females) accept domestic violence and stay in the marriage because they have limited economic and social options; they believe they will lose face if they divorce simply because they have been socialized to tolerate and sacrifice for the honor of the family clan and for the husbands honor. In this context, they hope the perpetrator will change his behavior on his own and not be abusive in the future. There are also many cases in which the wife, after tolerating and being patient for a long period of time, comes to the point of becoming an offender herself.
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Currently, there is neither a vision, nor any provision in the criminal justice system in Thailand that can help perpetrators recognize the injustice of domestic violence as an essential step toward reconciliation. The Peacemaking Model proposes if injustice is unrecognized by the relevant people, restoring equity (the next step) cannot happen. A way to prevent this is to implement restorative justice, which includes victim empowerment to address the sexual power imbalance created by domestic violence. Research based on anecdotal evidence suggests a woman believes she is able to forgive her husband after a minor quarrel and ignore it provided that he changes his behavior and/or if they can discuss the problem (Option 4). This evidence is consistent with the Peacemaking Model, which indicates that if, in addition to recognizing the injustice and restoring equity, repentance occurs that relates to clarifying future intentionsthe spouses will discover forgiveness. However, it is difficult to forgive physical abuse. Women report that physical abuse usually means the end of the marriage because the physical abuse usually leads to involvement with the criminal justice system. From the womans perspective, she is the victim of domestic violence, but she doesnt want her husband punishedshe only wants him to stop the abusive behavior. From this perspective, the definition of a victim of domestic violence, in Thailand is at variance with the definition of a victim, in the criminal justice system. Furthermore, if the physical abuse is such that the victim wants to divorce, restorative justice can provide for divorce mediation. A commitment to be constructive can occur when the spouse wants an amicable divorce. In such a situation, restorative justice may be helpful for recognizing injustice, restoring equity, and clarifying future intentions, which, if completed, may lead to forgiveness. The divorce mediation processes of ending the personal relationship, redefining what continues, taking on new life patterns, making urgent or temporary changes, and making long-term plans is helpful for post-divorce life. A further aspect is that the concept of restorative justice can also be used in conflict resolution to restore family relationships damaged by domestic violence. abuse in Thailand. The model applies to five situations of spousal violence: (a) argument, (b) neglect, (c) verbal abuse, (d) physical abuse without a weapon, and (e) physical abuse with a weapon. Argument If the conflict is not very serious, the womans preference is to discuss the situation and make new agreements using Option 4. If it is more serious or ongoing, the woman hopes his parents can help her husband to change his behavior by warning him. In that case, his parents might be Xs of Option 2. If the arguing does not stop with a warning, the female spouse would prefer Option 3, with the parents as the X to assist the family members, and the spouses to come to some agreement. Option 4 (everyone is in the circle, including the leaderrefer to Claassens original 2004 article), will depend on the seriousness of the argument or family tradition. Or, Option 4 could just mean the spouses, as indicated above. Neglect If the woman thinks her husbands parents can be effective in helping her husband change his behaviors, the husbands parents are the X of Option 2; that is, those telling him how it should be and making the decision. If simple telling does not resolve the problem of neglect, Option 3 would be the next most likely option. In this case, the family members and the spouses would be in the circle. The husbands parents would be the X to assist those in the circle to use the Peacemaking Model and make agreements. And Option 4 may be the preferred option including the parents inside the circle with the others. Verbal abuse In this situation, the problem has escalated in seriousness so that it is necessary to, not only to change the behavior, but to use the Peacemaking Model: that is, recognize the injustice, restore equity, and clarify the future. The parents can help spouses to not only to stop the crisis situation, but also to reconcile. The starting point may be Option 2 with the spouses parent as the X since the spouses need to have a decision made and communicated to stop the abuse. Once the abuse has stopped, the Peacemaking Model can be used to work at reconciliation. Again, it might be Option 3, with the parents as the X. It might include only the spouses in the circle or it might include other family members. Generally, the spouses parents are the X
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A Proposed Model for Thailand Based on the Four Options Model for conflict resolution in dealing with family violence and the field research of Boonsit, the researchers propose the following model to mitigate the impact of spousal
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to assist those in the circle to make agreements. Also, it might be helpful to use Option 4 with everyone concerned, the spouse, their parents, and, perhaps, other family members in the circle to make an agreement together. The children are able to be in the circle as secondary victims. Physical abuse without a weapon Option 2 is necessary and there are several persons who might be included in the circle: the spouses parents, the spouses elder relatives, community leaders, and criminal justice officials. If safety continues to be a concern, then it should be Option 1 with all of the above in the circle, including the victim. Once safety has been assured for the victim, Options 3 or 4 might be appropriate provided that both spouses are willing and enough persons are involved to balance the power and to assure ongoing safety. While children are secondary victims, their involvement should be carefully considered in terms of their safety, thoughts, and feelings. Physical abuse with a weapon or objects Option 1 is necessarythe persons in the circle to make decisions are the criminal justice officials. If the female spouse chooses Option 3 (or 4), a criminal justice official (trained as a mediator) becomes X to assist those who are in the circle to make an agreement. Those in the circle should include the spouses, the spouses parents, the spouses elder relatives, community leaders, police, and other criminal justice officials. Inclusion of children should be carefully considered as mentioned above. The safety of the victim and the children is a priority; peacemaking can only happen in a safe context. Family violence involving assault with a weapon is the only scenario that must involve the criminal justice system; all other cases of spousal violence can be resolved within the family. The principles and practices of restorative justice can be applied to family violence both for maintaining the marriage and for constructive divorce mediation.
ACKNOWLEDGEMENTS We thank the men and women, community leaders, social workers, and criminal justice personnel for their invaluable information. This research was funded by the Thailand Research Fund through the Royal Golden Jubilee Ph.D. Program (Grant No.PHD/0037/2003) to Angkana Boonsit and Suwatchara Piemyat.
Claassen, R (1996). Restorative Justice-Fundamental Principles. Paper presented at NCJPR; revised May 1996 at the UN Alliance of NGOs Working Party on Restorative Justice. Available from http://peace.fresno.edu/ Zehr, H. (1990). Changing Lenses: A New Focus for Crime and Justice, Scottsdale, PA: Herald Press. Umbreit, M. S. (2001). The Handbook of Victim-Offender Mediation. San Francisco: Jossey-Bass. Noll, D. (1990). Peacemaking: Practicing at the Intersection of Law and Human Conflict, Telford, PA: Cascadia Publishing House. Braswell, M., Fuller, J., & Lozoff, B. (2001). Corrections, Peacemaking, and Restorative Justice: Transforming Individuals. Cincinnati, OH: Anderson Publishing. Claassen, R. (2004, Summer). Two Useful Models for Implementing Restorative Justice. ACResolution, 3435. Claassen, R. (2002). A peacemaking model. Fresno, CA: Center for Peacemaking and Conflict Studies. Retrieved July 4, 2011, from http://bit.ly/kpw0vz Boonsit, A. (2004). Restorative Justice and Domestic Violence, Unpublished dissertation submitted in partial fulfillment of the requirement for the degree of doctor of philosophy. Faculty of Social Administration, Thammasat University, Thailand.
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C. A. Skrapec /Book Review
Book Review
Forensic victimology: examining violent crime victims in investigative and legal contexts
by Brent E. Turvey and Wayne Petherick. (Elsevier, 2009), ISBN 978123740892, 564 pages.
Forensic victimology: examining violent crime victims in investigative and legal contexts is a welcome addition to the literature on criminal investigations. What makes this book different, at least on the surface, is its focus on the role of victim-related information to criminal investigations and subsequent prosecution. In a book dedicated to the application of victimology to these tasks, it would be difficult to avoid heavy focus on the offender and on the crime itselfwhich is the essence of textbooks on investigation. Forensic Victimology succeeds, at least in part, in distinguishing itself from publications on investigative profiling and criminal investigation, although it is true much of its content overlaps with these other books. For example, much case information is on offenders and it is not always clear how particular details serve the victimological focus of the book. In any case, the numerous case examples are likely to maintain the attention of readers through the books 564 pages. Forensic Victimology details the utility of victimology in (criminal) forensic contexts. Individuals whose studies or work involve criminal justiceparticularly in areas of forensic science and forensic behavioral sciencesare likely to find this a useful resource. Commendably, the scope of the volume is far-reachinga feature that should broaden its appeal and accommodate a diverse readership. The 16 chapters cover a range of interesting topics, each one appropriate in a book on forensic victimology. They include discussion of a variety of matters relevant to the profiling of victims (e.g., consideration of the level of risk conferred by a victims lifestyle), information pertinent to criminal investigations (e.g., false allegations), and court proceedings (e.g., admissibility of evidence from expert witnesses). In addition, there are separate chapters on a number of special topics: stalking, intimate violence, stalking, workplace and school violence, stranger violence, and sexual violence. Throughout, the book speaks of forensic victimologistsa term that could be taken to imply a distinct professional (occupational) group. In fact, the forensic victimologists the authors speak about are by
and large members of many different professions but whose work includes involvement with victims of crime. Namely, the forensic pathologists, toxicologists, medical and mental health professionals, and profilers to which the book refers as forensic victimologists are first and foremost forensic pathologists, toxicologists, medical and mental health professionals, and profilers. The fact that their work involves the evaluation of some aspect of the victims of crime does not alter their core professional identity. At the end of the day, it is the forensic pathologists medical degree that enables him/her to conclude the decedent did not die of natural causes. The work of the toxicologist in analyzing a victims hair to determine the presence of drugs is toxicology. These are all professionals whose work can be applied to criminal investigations. Using the apparent reasoning of the authors, virtually all forensic scientists and forensic behavioral scientists would qualify as forensic victimologists. While this may not be problematic, beyond seeking to mark more territory for victimology as a discipline in its own right, it is not clear how this is actually helpful. Some might argue it confuses. Just as investigative profiling was not new when the media discovered it in the mid-1980s, neither is forensic victimology. Although much public attention followed Hollywoods depiction of F.B.I. profilers in the movie Silence of the Lambs, police detectives have been profiling crime scenes for generations seeking to discern patterns in behavioral evidence and to infer motives for crimes. What is new is the formal labeling of the process and the efforts made to improve upon its efficacy. Similarly, victimology has long been applied by those charged with the task of investigating crimes and prosecuting offenders. So what does the Turvey and Petherick text contribute to this discourse? By pulling together such a wide range of victim-related topics in one volume, this book convinces of the critical role victimology holds in the solving and prosecution of crimes. In their chapter on school shootings, Petherick and Turvey include discussion of the motivation(s) underlying these crimes. Motives like anger,
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retaliation, and rage are entertained separately from motives based on psychopathology (such as narcissism) or sex. Motivational forces are complex. To reduce them down to one type of motivation or another is to mislead. Certainly most angry people do not perpetrate school shootings. Neither do most narcissists. It is more likely that a number of factors interact (that may include rage and narcissism). Here the authors may have done well to discuss the value of phenomenological research in identifying motivational dynamics of offenders. Specifically, how does that particular individual experience his/her world and him/herselfand his/her crimes? Such an approach is more likely to lead to a better understanding of the offenders victimizing behavior and in so doing reveal more meaningful information, for example, about his/her choice of victims. In his chapter on intimate violence, Turvey challenges the popular media to do their homework. To what extent is pregnancy a risk factor in murder? Although he does not provide examples, Turvey states headlines, copy, and pundits have repeatedly and incorrectly affirmed that homicide is the leading cause or a leading cause of death for pregnant women. (p. 311). Turvey discusses research findings that do not bear this out. While a womans pregnancy may be the primary motive for a murder, it cannot be assumed that a pregnant womans death is likely the result of such foul play. Pregnant women are more likely to die in motor vehicle accidents. Beyond the particular point Turvey is making, this kind of critical observation is an example of what makes Forensic Victimology worth the read. Authors do not shy away from calling work of the mediaor of academic colleaguesto task. This being said, however, not all of the critical comment is warranted. Michael McGraths chapter on stalking contains an unfortunate assertion that rape trauma syndrome (RTP) has no place either in the vocabulary of mental health practitioners, or in the opinions of experts (p. 251). The author takes issue with the idea that rape may result in a discrete set of symptoms distinguishable from Post-Traumatic Stress Disorder. While McGrath notes several appropriate criticisms of RTP (e.g., empirically-based substantiation of the syndrome is lacking), to summarily dismiss its potential utility is unfortunate. For example, rape may affect its victims in ways that other traumas do not. Most troubling is that McGrath supports his criticism by noting that the current version of the Diagnostic and Statistical Manual of Mental Disorders (DSM) does not include RTS. In fact, the diagnoses in the DSM are the product of arbitrary decisions that change over time (hence, the ongoing revisions and subsequent editions of the book). Understandably, an expert witness would be ill advised to refer to a diagnosis not formally recognized by the psychiatric community. For a professional working with rape victims, however, it would be hoped that treatment decisions would not be so constrained. This kind of issue is also seen in todays debate between the DSM diagnosis of Antisocial Personality Disorder versus the personality disorder Psychopathy. The latter does not appear as a diagnosis in the DSM yet may well prove to be a much more useful constructin and out of the courtroom. Suffice it to say, limiting positions such as that taken by McGrath are troubling. There can be little doubt that victimology is the most important element in the process of investigative profiling. The victim's body may have much to say about who killed her, how she was killed, and even why. Most of the book is concerned with applications of victimology to criminal investigations. Even though only one chapter (Chapter 3: The Purpose of Victim Profiles) is formally dedicated to profiling victimsan essential component of investigative profilingmuch of the information throughout the book is relevant to the task of constructing offender profiles. In fact, several times while reading the book this reviewer forgot this was not a volume on investigative profiling. Particularly because this appears to be a book primarily pitched as a textbook, it is surprising that the authors did not assume more in the way of an editorial role, creating sections to organize chapters in accordance with common themes and providing introductory comment with regard to those sections. This would be helpful. Such organization is one of the main features of textbooks that distinguish them from, say, a series of independent articles in different journals that are on the same broad subject. Except for the title of the book, there is no guiding narrative that links chapters together in a systematic way. Rather, as presented, each chapter constitutes some (albeit interesting and important) aspect of the broad topical area of forensic victimology. One other observation that relates to the status of this book as a textbook involves its index. Many important topics (e.g., eyewitness identification) and terms (e.g., forensic) that students would be likely to find helpful are absent. It is noteworthy that none of the eight contributors to this textbook identifies him/herself as a victimologist. One can wonder what a victimologist might have brought to the manuscript; or at least how he/she would evaluate this book. This reviewer has done extensive work alongside police in Special Victims Units. Even though most of the work involves victimology, this is not the same as coming into investigations as a victimologist. In a similar vein,
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although the information about the contributors reveals a good range of professional and academic backgrounds, none of the authors appear to have experience as a law enforcement officer. This reviewer considers this to be a deficiency to the extent that such a background might offer a perspective that could enhance the utility (and some might say credibility) of the textbook. The unfortunate absence of such a contributor could be taken to reflect the longstanding territoriality (read competition) between police investigators and their academic counterparts. This textbook marks a lost opportunity toward mending such fences. In fact, the experience of this reader with this book is that parts come across as somewhat arrogant. Such a tone can get in the way of valuable information that is contained in the book. The reviewer speculates that this may be symptomatic of the defensiveness academics sometimes project when their work domain overlaps with that of law enforcement. The idea that police own criminal investigations has long been a territorial assertion; that academic disciplines have been encroaching on police territory has not been met without resistance. For this reason, should a second edition of this volume be contemplated, the author team may do well to consider including a police investigator (as well as a victimologist) as contributorsif not co-authors. The above critical comments notwithstanding, this book makes an important contribution not only to victimology but also to the literature in the forensic behavioral sciences more broadly. The greatest strength of the work is its decidedly practical orientation. There is a wealth of useful information for professionals from a wide range of disciplines regarding the value of victim-related information. While civil cases are not considered in this volume, the title of the textForensic Victimologywould accommodate a chapter (or section) on applications of victimology to civil justice proceedings. This is a matter that could be remedied in a subsequent edition, if not a separate book. Overall, this is a highly readable book. For educators, the publisher notes that a companion online instructors manual is available that includes chapter summaries, key terms, and test questions. Candice A. Skrapec, Ph.D.
Psychologist and Criminologist Professor, Department of Criminology California State University, Fresno
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M. Platzer /Book Review
Book Review
The New Faces of Victimhood: Globalization, Transnational Crimes and Victim Rights,
Edited by Rianne Letschert and Jan van Dijk (Dordrecht: Springer, 2011).
Rarely does one read through an anthology of articles written by different persons from cover to cover. However, either the topics are so interesting or the writing is rivetingI finished the book over a weekend. These 18 Dutch victimologists at the International Victimology Institute in Tilburg (INTERVICT), admittedly many of them good friends, cover a wide range of topics. They deal with human trafficking, corruption, cyber crimes, international terrorism, global corporate crime, and cross-border environmental crimesall contemporary problems but unsolvable at the national level. Rianne Letschert and Jan van Dijk open the book by reflecting on the dark side of globalization, neoliberal ideologies, large scale migrations, new suspicions about immigrant communities, lawlessness in failed states that no one cares about, the exportation of poisonous materials, the growing economic disparities, the desperate persistent poverty, and the withering of the state. Letschert and Marc Groenhuijsen continue a national compensation scheme for victims of violent crimes is still a distant ideal, recount the feeble and disjointed international efforts, but still hope for a cooperative multi-level governance approach with an increased role for nonstate actors. The third contributor, theologian Ralf Bodelier, sees in the reactions to 9/11 and the 2004 tsusamiglobal fear and concern for ones selfmutual vulnerability that leads to a new cosmopolitanism. The modern communication technologies have heightened sensitivities among the general public for human securities everywhereglobal empathy and concern for the other. The concept of Human Security (economic, food, health, environmental, community, and political) and the Human Development Index (HDI) are important new tools, because in the end, it is all about human responsibility. Part II deals with the protection and empowerment of victims of human trafficking, organized crime/ corruption, andcross-border environmental pollution. Conny Rijken and Renee Roemkens argue for a Victim Assistance and Protection Package to help trafficking victims rather trafficking victims than
focusing on a criminal law/prosecution approach. Van Dijk deals with the problem of indirect victims and the lack of political will to implement the UN Convention Against Transnational Organized Crime and urges the involvement of civil society and NGOs in the review process. Johanthan Verschuuren and Steve Kuchta study the possibilities of using human rights remedies to stop the criminal dumping of hazardous waste in Africa by European countries. Part III is probably the most interesting as it deals with a completely new issuevictim protection in Cyberspace. Nicole van der Meulen and Bert-Jaap Koops review the challenges of preventing and prosecuting identity theft in a multi-level fractured governance world (if only UNODC, ITU, World Information Society, and UNCITRAL could work together) and wish the governments could agree on starting with victim assistance at least. Suzan van der Aa writes about the impediments to investigation and prosecution of cyber-stalking, the efforts in the US and Europe, and the necessity of a Model Code and the insertion of cyberstalking in the European Cyber Convention. The new digital opportunities for organizing victim support, rapid police emergency response, public information, responding to emotional needs, as well as uncovering victimizers are examined by Corien Prins, as well as the new risk factors involved. Part IV deals with Victims of Conflicts and Wars. Anthony Pemberton provides an interesting victimological insight into globablized terrorism. As terrorists use violence to threaten, frighten, or otherwise influence a wider group of vicarious victims, the wider feelings of fear (and the reactions produced) are, therefore, the greatest victory of the terrorists. Three lawyers form the Tilburg School of Law examine the issue of Protecting the Victims of the Privatization of War. Prosecution of mercenaries in US courts is difficult, but there are also gaps in international humanitarian and international human rights law. Jo Anne Wemmers and Anne-Marie de Brouwer examine how the International Criminal Court (ICC) has dealt with victims rights, particularly when genocidal maniacs have harmed massive
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numbers of people. With mass victimization, the needs are exponentially greater than with victims of crime in national courts, however, at least the ICC can give them recognition and respect if not provide for all their immediate needscollective reparation is likely to be the best solution as well as selected speakers for a group. The final section, Part IV, describes the failures of the UN Conventions Against Transnational Organized Crime and Corruption, the State Parties themselves, the UN Crime Commission, and the UN Office of Drugs and Crime to advance victim rights in recent years, let alone the implementation of effective mechanisms to prosecute global criminals. Letschert and van Dijk argue that the key to better implementation of the UN conventions remains a victim centered strategy. The State Parties would be well advised to give victim organizations a seat at the table of the review mechanism. It is disappointing that the draft Convention on Justice and Support for Victims of Crime and Abuse of Power has fallen on deaf ears. The authors argue that, at minimum, State Parties should give priority to the prosecution of criminals for such crimes as trafficking in children, internet-based fraud, or grand corruption involving multi-national corporation, on which there is broad consensus. With regard to further research, they propose the development of differentiated victimology taking into account different crimes and contexts, the study of successful informal networks of NGOs that effectively engage the global agenda, and the possibilities of the active participation of collective victims in criminal trials. Letschert and van Dijk have developed a tentative human security index of countries, combining the indicators of lawfulness and human developments, where people are protected and victims compensated. Finally they urge the use of digital tools to raise awareness and mobilize public opinion. A comprehensive bibliography is annexed. The book will make an excellent textbook for introductory classes of victimology as well as specialized courses on particular categories of victims or international response structures. What makes it so valuable is the open discussion of contemporary problems, an objective assessment of the current mechanisms available, and an up-to-date evaluation of the ICC and UNODC. It can be recommended to all persons concerned about the plight of innocent victims around the world and what can realistically be done for them. Michael Platzer, Ph.D.
Representative of the World Society of Victimology and the Academic Council on the United Nations in Vienna, Chair of the NGO Alliance; producer of the film The Forgotten Ones; former Head of the Rule of Law Section, UNODC. Dr. Platzer worked in the United Nations Secretariat for 34 years in various capacities, including in human rights, African affairs, development cooperation, and peace-building. He continues to lecture in various institutions in Europe, North America, Asia, and Australia as well as publish on a variety of topics.
The Press
Global Victimology Events 2011-2012
September 7-10
European Society of Criminology. 11th the Annual Conference. (Vilnius, Lithuania). http://bit.ly/q3m3Fk 12th ISPCAN European Regional Conference on Child Abuse and Neglect (Tampere Hall, Finland). http://bit.ly/eVJY1E TIVI 6 Symposium in collaboration with United Nations University & the Medical University of South Carolina. From Grassroots to Governance: Victims of Natural Disasters (UN Headquarters, Tokyo). 3rd African Postgraduate Course of Victimology, Victim Assistance and Criminal Justice (Monash University, South Africa). http://bit.ly/gBJYct 9th IPSCAN Asian Pacific Regional Conference on Child Abuse and Neglect (New Delhi, India) http://bit.ly/eidh0c International Trauma Conference (Nashville, USA). http://bit.ly/hPkG1H International Society for Traumatic Stress Studies 27th Annual Meeting. Social Bonds and Trauma Through the Life Span (Baltimore, MD, USA). http://bit.ly/fS02pQ II Congreso Internacional de Victimologia y Derechos Humanos y Victimales [2nd International Congress of Victimology and Human and Victim Rights], (Universidad de Murcia, Murcia Telfono, Spain).
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November 24-25
Second Annual Conference of the Victimology Society of Serbia. Victims of Crime and Victims of War: International and National Contexts. (Belgrade, Serbia). infovds@eunet.rs
September17-21
February 3-4, 2012
Sept. 31-Oct. 1
Workshop on Human Trafficking, International crime and National Security: A Human Rights Perspective (Gottingen, Germany). http://bit.ly/kJniEm Academy of Criminal Justice Sciences. Sustainable Justice. (Marriott Marquis Times Square, New York City, NY). http://bit.ly/krX6X4 2012 International Conference on Sexual Assault, Domestic Violence and Stalking (San Diego, CA, USA). http://bit.ly/dKlKUR The Child Abuse and Family Violence Summit (Portland, OR, USA). http://bit.ly/nEAPZW 14th WSV International Symposium. Justice for Victims: Cross-cultural perspectives on conflict, trauma, and reconciliation (Den Haag, The Netherlands). http://bit.ly/14M1g0
March 13-17, 2012
October 3-14
April 23-25, 2012
October 6-9
April 24-27, 2012
October 26-28
May 20-25, 2012
November 3-5
November 9-11
About the Journal
International Perspectives in Victimology is an English language journal of the Tokiwa International Victimology Institute published by The Press at California State University, Fresno, CA. The journal is a peer-reviewed multidisciplinary publication with a focus on traditional and newly emerging areas of victimology. The Editorial Board welcomes contributions from any tradition of scholarship in the field of Victimology.
Victimology
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submitted manuscript, or the author(s) withdraw the manuscript from consideration. Forward submissions to the Editor-in-Chief, Tokiwa International Victimology Institute (TIVI), tivi@tokiwa.ac.jp. For manuscripts submitted in Japanese, translation into English will be provided free-of-charge only if the manuscript is accepted for publication by the Editorial Board.
Preparation. All manuscripts should be formatted in versions no earlier than either MSW 2007 for Windows or 2008 for Macintosh. Please note that the Editorial Board reserves the right to return manuscripts not conforming to any of these requirements. Author(s) intending to submit a manuscript for consideration should also be fully aware that the Editorial Board is strongly committed to a policy of ensuring high quality and sound academic research. The Board will refer author(s) to appropriate disciplinary sources for any alleged scientific misconduct or academic dishonesty in research.
Review Process Manuscript Submission Original manuscripts in any language will be considered but manuscripts in either English or Japanese have priority. If a manuscript is submitted for consideration, author(s) agree to abide by all Editorial Board policies, including matters relating to authorship, conflict of interest, and to provide all relevant supporting data on request. Designated author(s) also must take full responsibility for their contribution and affirm access to all data from the study. Duplicate publication of manuscripts is unacceptable. Submission of a manuscript to International Perspectives in Victimology involves the implicit guarantee by author(s) that the manuscript has not been published elsewhere in a form other than an abstract, and that no similar manuscript or major part thereof has been, or is intended to be, submitted for publication in another journal. This guarantee applies until the Editorial Board of International Perspectives in Manuscript Requirements Manuscripts must conform to the guidelines for publication outlined in the 6th Edition of the Publication Manual of the American Psychological Association. Author(s) are requested to either contact TIVI for an International Perspectives in Victimology Submission Template, or to strictly follow The review process normally takes about 10 weeks. However, manuscripts submitted for publication will be returned without peer review when the Editor-in-Chief deems that the manuscript is not of interest for the broad readership of International Perspectives in Victimology, or if the Editor-in-Chief considers it unlikely to receive favorable peer reviews. This policy of Editorial rejection of manuscripts by the Editor-in-Chief allows author(s) to submit their manuscripts elsewhere without unnecessary delay.
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intellectual property of Tokiwa University. Requests for permission to reproduce articles or excerpts should be made to the Editor-in-Chief.
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Call for Papers

This is an invitation for you to submit manuscripts about empirical studies, case studies, literature reviews, book reviews, research notes, or field reports as well as other relevant topics on victims of natural disasters and disaster victimization for publication in a special issue of International Perspectives in Victimology in Spring 2012.
Submit an electronic version of the manuscript using the IPV Template to: Editor-in-Chief Tokiwa International Victimology Institute 1-430-1 Miwa, Mito, Ibaraki, Japan 310-8585 tivi@tokiwa.ac.jp
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Vol. 6, No.1 August 2011
CONTENTS
Editorial John P. J. Dussich Words Matter: Defining Victims in State Domestic Violence Statutes Peter English The Paradoxical Approach to Intimate Partner Violence in Finland Kris Clarke Relations Between Maternal Attitudes Toward Bullying and Childrens Bullying and Peer Victimization Status Juliana L. Raskauskas, Ingrid M. Cordn & Gail S. Goodman Secondary Trauma of Law Enforcement Officers in Tamil Nadu, India Beulah Shekhar & Vijaya Somasundaram Influence of Psycho-Demographic Factors on Fear of Crime Among Multi-Nationals in Lagos, Nigeria Adebayo O. Adejumo Restorative Justice and the Status of Victims in Criminal Proceedings: The Past and Future of Victims Rights Joanna Beata Banach-Gutierrez Brief Communications Restorative Justice: Innovative Conflict Resolution for Family Violence in Thailand Angkana Boonsit, Suwatchara Piemyat & Ron Claassen Book Reviews Forensic Victimology: Examining Violent Crime Victims in Investigative and Legal Contexts, by Brent E. Turvey and Wayne Petherick Candice A. Skrapec The New Faces of Victimhood: Globalization, Transnational Crimes and Victim Rights, Edited by Rianne Letschert and Jan van Dijk Michael Platzer 1
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68

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Tokiwa International Victimology Institute Journal

International Perspectives In Victimology

Tokiwa University, Mito, Japan

International Perspectives in Victimology

Professor Dr. Elas Neuman

International Perspectives In Victimology

Tokiwa International Victimology Institute Journal

International Perspectives in Victimology 6 (1)

International Perspectives in Victimology 6 (1)

International Perspectives in Victimology 6 (1)

John P. J. Dussich, Ph.D. Editor-in-Chief

International Perspectives in Victimology 6 (1)

Helping Victims of Natural Disasters: From Grassroots to Governance

Early Booking is necessary to ensure a place!

English, P. /International Perspectives in Victimology 6 (1), 1-8

International Perspectives in Victimology

Journal homepage: www.thepressatcsufresno.org/

Words Matter: Defining Victims in State Domestic Violence Statutes

Domestic violence affects millions xxxxxxxxxxxxxxxxxx of Americans

English, P. /International Perspectives in Victimology 6 (1), 1-8

English, P. /International Perspectives in Victimology 6 (1), 1-8

English, P. /International Perspectives in Victimology 6 (1), 1-8

Louisianas Domestic Abuse Law (2011) defines a household member as:

English, P. /International Perspectives in Victimology 6 (1), 1-8

English, P. /International Perspectives in Victimology 6 (1), 1-8

English, P. /International Perspectives in Victimology 6 (1), 1-8

English, P. /International Perspectives in Victimology 6 (1), 1-8

International Perspectives in Victimology 6 (1), 9-19

International Perspectives in Victimology

Journal homepage: www.thepressatcsufresno.org/

The Paradoxical Approach to Intimate Partner Violence in Finland

Intimate partner violence (IPV) is a major public

Clarke, K. /International Perspectives in Victimology 6 (1), 9-19

Clarke, K. /International Perspectives in Victimology 6 (1), 9-19

Clarke, K. /International Perspectives in Victimology 6 (1), 9-19

Clarke, K. /International Perspectives in Victimology 6 (1), 9-19

Clarke, K. /International Perspectives in Victimology 6 (1), 9-19

Clarke, K. /International Perspectives in Victimology 6 (1), 9-19

Clarke, K. /International Perspectives in Victimology 6 (1), 9-19

Clarke, K. /International Perspectives in Victimology 6 (1), 9-19

Clarke, K. /International Perspectives in Victimology 6 (1), 9-19

Clarke, K. /International Perspectives in Victimology 6 (1), 9-19

International Perspectives in Victimology 6 (1), 20-29

International Perspectives in Victimology

Journal homepage: www.thepressatcsufresno.org/

Bullying can have devastating effects on children and

Raskauskas et al. /International Perspectives in Victimology 6 (1), 20-29

Raskauskas et al. /International Perspectives in Victimology 6 (1), 20-29

Raskauskas et al. /International Perspectives in Victimology 6 (1), 20-29

Raskauskas et al. /International Perspectives in Victimology 6 (1), 20-29

Raskauskas et al. /International Perspectives in Victimology 6 (1), 20-29

*p < .05, ** p < .01, T p = .06.

Raskauskas et al. /International Perspectives in Victimology 6 (1), 20-29

Raskauskas et al. /International Perspectives in Victimology 6 (1), 20-29

Raskauskas et al. /International Perspectives in Victimology 6 (1), 20-29

Raskauskas et al. /International Perspectives in Victimology 6 (1), 20-29

International Perspectives in Victimology 6 (1), 30-37

International Perspectives in Victimology

Journal homepage: www.thepressatcsufresno.org/

Secondary Trauma of Law Enforcement Officers in Tamil Nadu, India

Policing is a highly stressful job in which one

Shekar B. & Somasundaram, V. /International Perspectives in Victimology 6 (1), 30-37

Shekar B. & Somasundaram, V. /International Perspectives in Victimology 6 (1), 30-37

Table 1 Frequency Distribution of Secondary Trauma Scores