Watch this video clip:People Who Look Like Me How does this video tie in with the readings for this module? Use the following prompts to help in your disc

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2 THEORIES OF VICTIMIZATION

LEARNING OBJECTIVES

• Discuss the role of victims in the criminal justice system.

• Identify the rights that victims have in the criminal justice process.

• Assess the impact of victim blaming on reporting rates and help-seeking behaviors.

• Explain how gender contributes to the fear of victimization.

• Discuss the different theories on victimization.

This chapter is divided into three topics. The chapter begins with a review of the victim experi- ence in the criminal justice system, highlighting the experience of help seeking by victims and the practice of victim blaming. The chapter then turns to a discussion of victimization and focuses on how fear about victimization is a gendered experience. The chapter concludes with a discussion of theories that seek to understand the victim experience and place it within the larger context of the criminal justice system and society in general.

VICTIMS AND THE CRIMINAL JUSTICE SYSTEM

Why do victims seek out the criminal justice system? Do they desire justice? What does jus- tice mean for victims of crime? Is it retribution? Reparation? Something else? Victims play an important role in the criminal justice process—indeed, without a victim who is willing to give evidence, many cases would fail to progress through the system at all. However, many victims who seek out the criminal justice system for support following their victimization are often sadly disappointed in their experiences. In many cases, human victims of crime are reduced to a tool of the justice system or a piece of evidence in a criminal case. As a result, many of these victims express frustration over a system that seems to do little to represent their needs and concerns; vic- tims can even be further traumatized based on their experiences with the criminal justice system.

As a result of increased pressure to support the needs of victims, many prosecutors’ offices established victim-assistance programs during the mid-1970s to provide support to victims as their cases moved through the criminal justice process. In some jurisdictions, nonprofit

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26 Women, Gender, and Crime

domestic violence and rape crisis agencies also began to provide support for victims during this time (Perona et al., 2006; U.S. Department of Justice, 1998). Community agencies such as rape crisis centers developed in response to the perceived need for sexual assault prevention efforts, a desire for increased community awareness, and a wish to ameliorate the pain that the victims of crime often experience (Parsons & Bergin, 2010).

In response to a backlash against the rights of criminal defendants as guaranteed by the U.S. Constitution, citizens and legislatures increased their efforts to establish rights for victims in the criminal justice process, and several federal laws were passed. These laws increase the voice of victims throughout the process, ensure training for officials who deal with victims, and provide funding for therapeutic resources for victims. Some of these focus on victims of a specific crime. For example, the Violence Against Women Act provides support for criminal justice researchers studying issues related to intimate partner violence. You’ll learn more about this important leg- islation in Chapter 3. Other federal legislation provides protections for all crime victims, such as the Crime Victims’ Rights Act of 2004. Although attempts to pass an amendment to the U.S. Constitution on victims’ rights have been unsuccessful, each of the 50 states includes references to the rights of victims in criminal cases. Table 2.1 illustrates some of the core rights of victims that are included in many state laws and constitutions.

Much of what we know about victims comes from official crime datasets or research studies on samples of victimized populations. A comparison between official crime data (arrest rates) and victimization data indicates that many victims do not report their crime to law enforce- ment, which affects society’s understanding regarding the realities of crime. According to the Bureau of Justice’s National Crime Victimization Survey, only about half of all victims surveyed reported their victimization to law enforcement (Hart & Rennison, 2003). Victims of serious violent crime are generally more likely to report these crimes compared to property offenses. Robbery was the crime most likely to be reported (66%), followed by aggravated assault (57%). Women are generally more likely to report crimes to law enforcement than men; however, cases of personal violence are significantly underreported among female victims (Patterson & Campbell, 2010). For example, the NCVS indicates that only 42% of rapes and sexual assaults are reported, and the Chicago Women’s Health Risk Study showed that only 43% of women who experience violent acts from a current or former intimate partner contacted the police (Davies et al., 2007). Certainly, the relationship between the victim and offender is a strong predictor in reporting rates because women who are victimized by someone known to them are less likely to report than women who are victimized by a stranger (Resnick et al., 2000).

There are many reasons why victims might choose not to report their victimization to the police. Some victims feel embarrassed by the crime. Still others may decide not to report a crime to the police out of the belief that nothing could be done. In many cases, people do not report their crime because they believe that the crime was not serious enough to make a big deal over it, while others believe it is a personal matter.

However, a failure to report does not mean that victims do not seek out assistance for issues related to their victimization experience. Several studies on sexual assault and intimate partner violence indicate that victims often seek help from personal resources outside of law enforce- ment, such as family and friends, and many seek assistance through formal mental health ser- vices following a victimization experience (Kaukinen, 2004). Although many victims may be

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Chapter 2 • Theories of Victimization 27

reluctant to engage in formal help seeking, research suggests that victims who receive positive support from informal social networks, such as friends and family, are subsequently more likely to seek out formal services, such as law enforcement and therapeutic resources. In these cases, informal networks act as a support system for seeking professional help and for making an offi- cial crime report (Davies et al., 2007; Starzynski et al., 2007).

TABLE 2.1 ■ Core Rights of Victims

The core rights for victims of crime include

• the right to attend criminal justice proceedings;

• the right to apply for compensation;

• the right to be heard and participate in criminal justice proceedings;

• the right to be informed of proceedings and events in the criminal justice process, of legal rights and remedies, and of available services;

• the right to protection from intimidation and harassment;

• the right to restitution from the offender;

• the right to prompt return of personal property seized as evidence;

• the right to a speedy trial; and

• the right to enforcement of these rights.

Source: VictimLaw (n.d.).

PHOTO 2.1 Much of the victimization that women experience involves offenders known to them. In many cases, their relationship with an offender leads many victims to not report the crime to the police.

©iStockphoto.com/lofiolo

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28 Women, Gender, and Crime

The literature on barriers to help seeking indicates that fears of retaliation can affect a vic- tim’s decision to make a report to the police. This is particularly true for victims of intimate partner violence where research indicates that violence can indeed increase following police intervention (Dugan et al., 2003). The presence of children in domestic violence situations also affects reporting rates as many victims may incorrectly believe that they will lose their children as a result of intervention from social service agents.

SPOTLIGHT ON VICTIM RIGHTS IN MEXICO

Although there are laws protecting crime victims for each U.S. state and at the federal level, such is not the case in many other regions of the world. Victimization is often a stigmatizing experience, leading many crime victims to suffer in silence. This is further compounded by the fact that in many countries, crime victims do not have any legal rights and agencies to support the needs of victims are limited.

Consider the hundreds, if not thousands, of victims of femicide in the Mexican state of Chihuahua, near the U.S. border. Since the mid-1990s, young women have been murdered in and around these border towns, which have become synonymous with high levels of violence and narcotics trafficking. Their bodies are discovered days, weeks, and months following their disappearance and are typically abandoned in vacant lots in Ciudad Juárez and the sur- rounding areas; some women are never found. Many of these cases involve significant acts of sexual torture, including rape and the slashing of the breasts and genitals of the female victims (Newton, 2003). Many of these women had traveled to these border towns from their villages in search of work in the maquiladoras— factories that assemble or manufacture products, which are then returned to the United States duty free under the North American Free Trade Agreement.

In describing the murders of these women, several commentaries have pointed to a clash between the traditional roles for women, a machista (chauvinistic) culture, and the rise of women’s independence as an explanation for the violence. According to a 2003 report by the Inter-American Commission on Human Rights (IACHR), the crimes against women in Ciudad Juárez have received international attention because of the extreme levels of vio- lence in the murders and the belief that these killings may have been the result of a serial killer. However, their research indicates that these cases of femicide are not the result of a single serial killer but are part of a larger social issue related to a pattern of gender-based discrimination where the violence against women is not considered to be a serious issue. Given the relationship with gender in these cases, any official response to address these crimes must consider the larger social context of crimes against women and the accessibil- ity of justice for women in these cases.

Although the Mexican government created a victims' services fund designed to provide monetary compensation to the families of the women and girls who have been murdered in Juárez, the program is poorly organized, and few families have been able to access the funds (Calderon Gamboa, 2007). Meanwhile, nonprofit organizations such as Justicia para Nuestras Hijas (Justice for Our Daughters) work to combat the myths and victim blaming surrounding these cases through public education. They also provide legal assistance and therapeutic support services for victims of crime. The organization also works to document these cases of femicide and lobby the government for support and legal change (Villagran, n.d).

The grassroots movement for victims in Mexico has continued to grow. Although groups are united in an effort to end violence in their communities, provide support for victims, and

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Chapter 2 • Theories of Victimization 29

call attention to a failing justice system, there are significant debates within these efforts on how to accomplish these goals. In January 2013, the Mexican government passed the General Law of Victims. However, the law was heavily criticized and many groups did not feel that the law went far enough to meet the needs of victims. The law was first revised in May 2013 and incorporated a number of provisions for victims, including a national registry of vic- tims, a governmental victim services agency, and a victim assistance fund (Villagran, n.d.). At the same time, the judicial system was working through several reforms to their process. In 2017, Mexico's Congress passed the General Law on Disappearances, which establishes a National Search System (Sistema Nacional de Búsqueda) as well as a Commission to support the efforts to search for missing individuals (WOLA, 2017). In the words of Ernesto Canales, the cofounder of RENACE, “what is needed is an integral reform of the system . . . we cannot think that by augmenting the rights of victims and leaving the current system in place we’ll be protecting [victims]” (Villagran, n.d., p. 138). Although progress has been made in these areas, there is still significant work to be done.

Victim Blaming Reporting practices and help-seeking behaviors by victims are also influenced by the potential for victim blaming. Victim blaming occurs when the responsibility for the crime is shifted to the victim.

Why do we blame the victim? The process of victim blaming is linked to a belief in a just world. The concept of a just world posits that people deserve whatever comes to them—bad things happen to bad people, and good things happen to good people (Lerner, 1980). Under these assumptions, if a bad thing happens to someone, then that person must be at fault because of who he or she is and what he or she does. A just world outlook gives a sense of peace to many individuals. Imagining a world where crime victims must have done something foolish, danger- ous, or careless allows members of society to distinguish themselves from this identity of victim- hood—”I would never do that, so therefore I must be safe from harm”—and allows individuals to shield themselves from feelings of vulnerability and powerlessness when it comes to potential acts of violence. There are several negative consequences stemming from this condition: (1) Victim blaming assumes that people are able to change the environment in which they live, (2) victim blaming assumes that only “innocent” victims are true victims, and (3) victim blaming creates a false sense of security about the risks of crime.

Given the nature of victimization patterns in society, few meet the criteria of a culturally ideal victim. For example, the battered woman is asked, “Why do you stay?”; the rape victim is asked, “What were you wearing?”; the assault victim is asked, “Why didn’t you fight back?”; the burglary victim is asked, “Why didn’t you lock the door?”; and the woman who puts herself in harm’s way is asked, “What were you thinking?” Each of these scenarios shifts the blame away from the perpetrator and assigns responsibility to the victim. Victim blaming enables people to make sense of the victimization. In many cases, the process of victim blaming allows people to separate themselves from those who have been victimized—”I would never have put myself in that situation”—and this belief allows people to feel safe in the world.

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30 Women, Gender, and Crime

What are the implications of the just world hypothesis in the criminal justice system? Consider the crime of sexual assault. Under the just world hypothesis, victim blaming occurs in subtle ways in typical cases and may be more obvious in high-profile cases. For example, in the case against Bill Cosby, 60 women came forward to allege that he had sexually assaulted them throughout his career. During his trial (which focused on the cases of two women: Andrea Constand and Kelly Johnson), Cosby’s defense team consistently tried to undermine the allega- tions by attacking the character of the women (Heldman, 2017). Similarly, Chanel Miller, who was sexually assaulted at Stanford University, was criticized for attending an off-campus party and for drinking. In articles about the case, online comments included “What was a college grad doing at a frat?” and “Why would any woman get so drunk? I have never allowed myself to get so drunk that I don’t know what I am doing” (Miller, 2019, pp. 37, 46). Under the just world hypothesis, the victim begins to assume responsibility for the alleged assault in the eyes of the public. This can impact future reporting trends because victims may be less likely to report their victimizations after observing what happened in these cases. A belief in the just world hypothesis also leads to an increased support of rape myths, which are statements about the causes of rape that are generally untrue or false, but that assign blame to the victim, rather than hold the offender accountable. For example, in one study, college males who viewed news- paper articles in support of myths about rape were less likely to view nonconsensual sexual acts as criminal compared to females in general or males who read neutral news accounts of sexual assault (Franiuk et al., 2008).

Given that women tend to be disproportionately represented in many forms of victimization such as rape, sexual assault, and intimate partner violence, victim blaming can be disproportion- ately gendered and directed toward women (Eigenberg & Garland, 2008). Research on victim blaming finds that men are more likely to blame female victims in cases of rape and sexual assault (Kohsin Wang & Rowley, 2007). Victim blaming is also more prevalent among older individ- uals and those with lower levels of education or lower socioeconomic status (Gracia & Tomas, 2014). Victim characteristics can impact how much blame is attributed to the victim. For example, victims who violate traditional gender roles or who are intoxicated are more likely to experience victim blaming (Grubb & Turner, 2012). Attributions of responsibility are often levied against victims who do not physically fight back against their attacker (Spears & Spohn, 1996).

Racial and ethnic differences also impact the public blaming of victims. Although women of color are more likely to be victims of violent crimes, media accounts are more likely to focus on white victims of crime. When their cases are noted by the press, women of color are more likely to be portrayed negatively. They are more likely to be blamed for their victimization based on where they lived, what activities they engaged in, and who they spent time with. Meanwhile, cases involving white women were more likely to focus on the sensationalism of stranger danger and their tragic victimization (Slakoff & Brennan, 2017).

Victim blaming has also been linked to the low reporting rates of crime. Here, victims reach out to law enforcement, community agencies, and family or peer networks in search of support and assistance and are often met with blame and refusals to help. These experiences have a negative effect on the recovery of crime victims. The media can also perpetuate victim blaming, particularly in cases involving celebrities. For example, reporting on the alleged sexual assault by Kobe Bryant in 2003, the media used the term accuser, whereas accounts of sexual

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Chapter 2 • Theories of Victimization 31

assault generally use the term victim (Franiuk et al., 2008). Another example is the high-profile assault of Janay Rice by her husband, Baltimore Ravens running back Ray Rice. In September 2014, a video of Mrs. Rice surfaced in which she was beaten unconscious by Mr. Rice. The NFL initially suspended Rice for two games for his behavior and the Ravens later terminated his contract. In addition to articles expressing outrage over the incident, there were also several articles that questioned what Janay did to provoke her then-fiancé (now husband). Still oth- ers asserted that Ray Rice may also be a victim. At a press conference on the incident, Janay stated that she regretted “the role that she played in that night” (Weymouth, 2014; Giris, 2014; Marcotte, 2014). In addition to the effects victim blaming has on the specific individuals, such high-profile cases can also impact reporting rates. “I talked to specific survivors [of sexual assault] that said, ‘I don’t want to report this because I saw what happened in the Kobe Bryant case’” (Lopez, 2007, para. 8).

Victim blaming is not limited to high-profile cases that make news headlines. Victims are often blamed by those closest to them, such as friends and family, who suggest that the victim “should have known better.” Victim blaming can even be internalized when victims engage in self-doubt and feel shame for allowing themselves to become a victim (Kohsuro Wang & Rowley, 2007). Victim blaming can also inhibit how victims recover from their trauma (Campbell et al., 2001).

The concept of secondary victimization refers to victims of crime feeling re-traumatized by the official criminal justice system response to their victimization. Even when cases progress beyond the investigation stage, few have charges filed by prosecutors, and only rarely is a convic- tion secured. Indeed, the “ideal” case for the criminal justice system is one that represents ste- reotypical notions of what rape looks like rather than the realities of this crime. The practice of victim blaming through rape myth acceptance is an example of secondary victimization. Given the nature of the criminal justice process, the acceptance of rape myths by jurors can ultimately affect their decision-making process. Police and related justice professionals may also be guilty of victim blaming in cases of intimate partner violence, particularly when the victim returns to her abuser (DeJong et al., 2008). The experience of secondary victimization can have significant consequences for reporting; many victims have indicated they would not have reported the crime if they had known what was in store for them (Logan et al., 2005).

FEAR OF VICTIMIZATION

The majority of Americans have limited direct experience with the criminal justice system. Most are left with images of crime that are generated by the portrayal of victims and offenders in mass media outlets (Dowler, 2003). These images present a distorted view of the criminal justice system, given the media's policy that “if it bleeds, it leads.” This results in the exag- geration of the amount of violent crime in society (Maguire, 1988; Potter & Kappeler, 2006; Surette, 2003). Research indicates that as individuals increase their consumption of local and national television news, their fears about crime increase, regardless of actual crime rates, gen- der, or a personal history of victimization (Chiricos, Padgett, & Gertz, 2000). In addition to the portrayal of crime in the news, stories of crime, criminals, and criminal justice have been a

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32 Women, Gender, and Crime

major staple of television entertainment programming. These images, too, present a distorted view of the reality of crime because they generally present crime as graphic, random, and violent (Gerbner & Gross, 1980).

Consider the following scenario:

Imagine yourself walking across a parking lot toward your car. It’s late and the parking lot is poorly lit. You are alone. Standing near your car is a man who is watching you. Are you afraid?

When this scenario is presented to groups, we find that men and women respond differ- ently. When asked who is afraid, it is primarily women who raise their hands. Rarely do men respond to this situation with fear. Research also notes that girls are more likely than boys to indicate fears about victimization in situations that involve things such as poorly lit parking lots and sidewalks, overgrown shrubbery, and groups loitering in public spaces (Fisher & May, 2009). This simple illustration demonstrates the fear of victimization that women experience in their daily lives. As De Groof (2008) explains, “Fear of crime is, in other words, partly a result of feelings of personal discomfort and uncertainty, which are projected onto the threat of crime and victimization” (p. 281).

Why are girls more fearful in these types of situations? Much of this can be attributed to how girls are socialized differently than their male peers. From a young age, girls are often taught about fear because parents are more likely to demonstrate concern for the safety of their daughters, compared to their sons (De Groof, 2008). This fear results in a relative lack of free- dom for girls, in addition to an increase in the parental supervision of girls. These practices, which are designed to protect young women, can significantly affect their confidence levels regarding the world around them. Additionally, this sense of fear can be transferred from the parent to the young female adult as a result of the gendered socialization that she has experi- enced throughout her life.

Gender plays a role in feelings of vulnerability, which can translate to fears about victimiza- tion. Research indicates that for women, the fear of crime is not necessarily related to the actual levels of crime that they personally experience. Overall, women are less likely to be victimized than men, yet they report overall higher levels of fear of crime than their male counterparts (Fattah & Sacco, 1989). These high levels of fear of victimization may be perpetuated by a fear of a specific crime: rape and sexual assault. Indeed, rape is the crime that generates the highest levels of fear for women. These levels of fear are somewhat validated by crime statistics because women make up the majority of victims for sexually based crimes (Warr, 1984, 1985). However, research indicates that this fear of sexual victimization extends beyond fear of rape to fear of all crimes, not just crimes of a sexual nature. The “shadow of sexual assault” thesis suggests that women experience a greater fear of crime in general because they believe that any crime could ultimately become a sexually based victimization (Fisher & Sloan, 2003). Yet even when women engage in measures to keep themselves safe, their fear of sexual assault appears to increase rather than decrease (Lane et al., 2009). This sense of vulnerability is portrayed by “movie of the week” outlets that showcase storylines of women being victimized by a strange man who lurks in dark alleys and behind bushes (Jones-Brown, 2007; Skolnick, 1966). Unfortunately, these popular

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Chapter 2 • Theories of Victimization 33

culture references to criminal victimization generally (and rape and sexual assault specifically) paint a false picture of the realities of crime and victimization. Most women are victimized not by strangers, as these films would indicate, but instead by people known to them (Black et al., 2011). Indeed, research indicates that many women fail to see acquaintan

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