“The right to be reasonably protected from the accused throughout the criminal justice process”
What happens after the criminal justice process is over? What happens to the victim then?
The state of Michigan states in their victims of crime handbook the following: “Protection from criminal acts and the “public-duty doctrine.” It should be noted that, as a matter of tort law, a person has no legal duty to protect another from the criminal acts of a third party in the absence of a “special relationship” between the person and victim or between the person and perpetrator.
Could the interpretation mean, the victim is not protected from the perpetrator or offender’s attorney’s behavior in court? Could the interpretation mean, the victim is not protected from the perpetrator or offender’s family members in a public ?type=story&id=7610978" forum ? Does the term “special relationship” mean, restraining order?
The dictionary definition of the word victimization is: to make a victim of and the definition of revictimization is: again anew.
In the field of psychology, revictimization means that your exposure as child to emotional abuse or physical abuse will lead to relationships of the same as an adult. Where this does hold true, as a child, (male) you witness your father beating your mother, it is likely the child will repeat the behavior as an adult. There is no prejudice as this is true for females as well.
Few research studies have examined the prevalence of re-victimization by partners and ex-partners over time. Battering by definition is a pattern of abusive behavior, and abusive men are likely to continue their violence once they have found it to be effective (Bancroft, 2002). At the same time, many women successfully free themselves from their partners’ violence (Sullivan & Bybee, 1999), often but not always by ending the relationship. While some batterers become even more violent after the relationship ends (American Psychological Association, 1996; Browne & Bassuk, 1997), others cease the violence either immediately or over time. Fleury, Sullivan, and Bybee (2000) examined re-victimization by ex-partners and found that, across a 2-year-time period, 36% of their sample had been assaulted by ex-partners at least once. Predictors of re-victimization by ex-partners included the batterers’ prior use of abuse and threats, his level of sexual jealousy, and whether he lived in the same city as the survivor.
What about when the victim is revictimized in the court system and law enforcement? Not all officers of the court and law enforcement personnel purposefully set out to revictimize the victim of domestic violence or sexual assault. However, it does happen and more often than not. How does the victim protect themselves? The topic of divorce and how men and women file false reports is all over the internet. Yes, I do agree, that family law and divorce creates ill emotions of the parties involved when it comes to money, children and property. What about the history of abuse? What about the police reports, the arrests and the hospital visits and the obvious signs such as bruising, broken bones, rape? Why do judges and lawyers refuse to acknowledge that? Women are still treated as second class citizens and the mentality is still “the good ol boys club” still exists, especially in small towns and in rural areas of the country. Freud labled women as being hysterical and would lock women up for their behavior. Today, women are no longer hysterical, rather menopausal. So does this societal lable give permission to mistreat women with abuse and rape?
Rape victims are torn apart in court by the offender’s attorney in cross examination. Domestic Violence victims are chastized “what did you do to set him off”. Survivors are belittled for taking a stand against violence and for not staying in fear for the rest of their lives. Politicians use publicity at the expense of victims of crimes for their own advancement. Judges refuse to issue protection orders and give custody of children to perpetrators and offenders of sexual assault and violence because of their own issues with women. It’s in the best interest of the child. Parole Board officials releasing offender’s without proper examination of the history and the lives of the victims and the threat of revictimization and murder that may take place. Probation officers who befriends the offender and participates in revictimizing the victim. The list goes on and on. So what is reasonable protection from revictimization? Does it exist? Is it enforced? If so, who enforces it?
If you or a loved one is a victim of abuse or needs help, first call 911 or you can contact Survivors In Action, Inc.
