Theoretical Victimology

Theoretical Victimology Lecture to the 29th Postgraduate Course in Victimology Inter University Center Dubrovnik 13 to 26 May 2013 by Gerd Ferdinand Kirchhoff Graduate School of Victimology Tokiwa University Mito Japan

Victimology • implies something theoretical that fifty years ago plainly did not exist. Fourty years ago, it was seen as a • “hodgepodge of ideas, interests, ideologies and research methods that have been rather arbitrarily grouped (Cressey 1979 and 1985) • Fattah 2000 • Distinguishes between • “humanistic victimology” (represented by the victim assistance community) • “scientific victimology” which for him was part of criminology

Territorial dug in war • Why did the criminologists have these difficulties in accepting victimology as an independent new science? • The fight for recognition of criminology as a distinct science • interest driven: • a competitor on the fight for grants must be controlled • criminology qua criminology did nothing for the victims • in the past, victim ideas have been pretty much connected with social democratic ideas • Lombroso • Ferri, Garofalo • that did not fit into a subconsciously capitalistic criminology which had its own struggles to be accepted • Sutherland and Chicago School • “victim identity” thinking of criminologists – not a good term!

Two new things happen: • 1. Hans von Hentig introduces into criminology a clearly interactionalist element: the interaction between doer and sufferer - clearly in the interest of social control and of improving criminology • The new perspective does not have an own territory • Followers of von Hentig like Schafer place victimology clearly in the field of criminology • Wolfgang was never explicitly decided but favored a look to victim issues • “Special Victimology” • There were no chairs, no grants, and there was no future in this field -> criminology had occupied the seats and the key position

2. Mendelsohn “General victimology”. • Mendelsohn’s (mostly) formal ingredients”” of a science • all victims • an international society of victimology • clearly a scientific organization • the new kid on the block” • concerns of criminologists • concerns of sociologists • concerns of practitioners • 1976 Foundation of NOVA and 1979 Victim Support UK • victims are our property!

Development of two fields • Theoretical Victimology • Admittedly very conservative and cautious • Field of Victim Assistance • Very dynamic, full of enthusiasm, passionate claim for victims and against the neglect of victims in the criminal justice system • A highly interesting social movement, • Under the header “victims” strange bedfellows meet!

1985 Hans von Hentig Award to Marlene Young • bridge between victimology and victim assistance, especially demanded by the influential American EC members who were personal friends of Marlene • difficult to maintain the separation between victim assistance and victimology • in victimology, victim assistance is included • consequences • sympathy between practitioners and scientists

1985 very successful • UN Declaration on Basic Principles of Justice for Victims of Crime and Abuse of Power (created from within WSV by Irvin Waller and LeRoy Lamborn in connection with Irene Mellup from the UN. • Takeover and implementation of victim orientation in a criminal justice system by (South Australia, Labor) Chris Sumner • continued by followers, now the first Victim Commissioner Michael O’Connell l

Elections to the EC reflected the stand-offish attitude of scientists and the willingness of activists to move the cause internationally • extreme skilled leadership in USA, UK and Mexico • Peak of influence of activists in 2006 “Enhancing the Mission”

Mendelsohn 2 • International Symposia • 1973 Drapkin-Viano 6 readers • 1976 Boston no reader • 1979 Muenster 2 readers and 1 book in German • 1982 Tokyo 1 reader • 1985 Zagreb 1book, two readers • 1988 Jerusalem 1 reader • 1991 Brazil 4 readers, 1 book series • 1994 Adelaide 1 reader • 1997 Amsterdam 1 reader • 2000 Montreal 1 reader • 2003 Stellenbosch 1 reader in print • 2006 Orlando 1 reader • 2009 Mito 1 reader • 2012 Den Haag 1 reader

Mendelsohn 3 • Institutes of Victimology • (1968 - 1992 Koichi Miyazawa’s institute in Keio, Tokyo, Japan) • Bellagio Institute 1975 (Emilio Viano) • 1998 Sarajevo (WSV and University of Sarajevo, dormant) • 2003 Tokiwa University (Hidemichi Morosawa, John Dussich) • 2004 Intervict in University of Tilburg (Groenhuijsen, van Dijk, Winkel) • Today many institutes (WSV website)

Mendelsohn 4 • Journal of Victimology • 1976 Emilio Viano’s “Victimology - an international journal” • NOVA’s Newsletter, WSV Newsletter 1982, The Victimologist • International Review of Victimology UK • International Perspectives of Victimology (Tokiwa) since 2004 • numerous other special journals

Formal requirement 5 • Textbooks • numerous textbooks, the first in 1975 Schneider (in German language) • mainly English language textbooks • market situation a clear advantage • tailored to the need of the teaching and learning and refined by competition • driven by the growing market in victim assistance • an abundance of monographs • Friday 2000 talks about “globalization” in victimology -

That has clear advantages • Many excellent and very often very useful empirical contributions • triggered by the success of the National US Crime Victim Surveys and the International Crime Victim Survey gave a method to measure victimizing incidents independently from crime statistics • There is a wealth of empirical data, articles and monographs

Development of academic teaching • All the efforts would be in vain if victimology did not enter the classrooms of the university • Regular teaching in victimology started in sociology seminars, in criminology classes in the seventies. • In the same time regular classes were held usually after the Bellagio Institute 1975 by participants • 1984 the first Postgraduate Course on Victimology convened in Dubrovnik, Croatia - till now 29 conferences of this course • 1985 the first panel “Young Victimologists” in Zagreb with students • 1994 in Adelaide, Hauber, Kirchhoff and O’Connell convened workshop on “Teaching Victimology” (basically three curricular and critique of them) overcrowded • 2000 Teaching Victimology : 80 participants demanded from WSV to develop a curriciences (culum. No doubt, victimology had entered the classrooms • 2003 Tokiwa University Mito Master in Victimology • 2003 PhD in Human Sciences Subfield Victimology • 2012 Tilburg University Master in Victimology and Criminal Justice • 2013 PhD Victimology Tokiwa University

Fattah 1998 • All in all, • victimology is no longer a subject of • bewilderment or curiosity but is slowly • becoming a household name. This is being • facilitated by the extensive coverage that crime • news and victim issues are receiving in the • mass media; by the wide publicity victims’ • programs are getting and by the • proliferation of victim services and victim • assistance programs in many countries • (Fattah: http://www.unafei.or.jp/english/pdf/PDF_rms/no56/56-06.pdf • retrieved on May 3, 2007).

Courses are given in tandem with the symposia • (Rio 1991, Amsterdam 1997, Montreal 2000, Stellenbosch 2003, Orlando 2006, Mito 2009) - independent from WSV by Fattah and Peters Courses in the Canaries • Numerous universities have lectures and seminars in victimology • Numerous professional courses and training academies developed for practitioners in victim assistance • the need to train volunteers • excellent training material in USA, UK, New Zealand, Australia, Canada • from 1995 on the National Victim Assistance Academy funded by the Office of Crime Victims, Office of Justice Program, US Department of Justice • Special faculties for the study and practice of Traumatic Stress Studies - e.g. University of Charleston, South Carolina • South America: Hilda Marchiori, Elias Neuman, Manzanera and others in INACIPE Mexico with the first master degree constituted

Problem of finding a “home faculty” for a study that draws from sociology, psychology, medicine, social work, political science, criminology and law, especially criminal law and criminal procedure. • Integrating knowledge from so many faculties, the field has no own single unifying theory • This is a reason that it is not regarded as a science - but it behaves like a science. • and it is more an more accepted as such.

Master Study in Victimology e.g. • in Tokiwa University Japan • In Tilburg University Netherlands • Doctor Programs e.g. • in Tokiwa University • In Tilburg University

Fattah on Victimology • Fattah: the primary task of theoretical victimology is to collect empirical data on crime victims. This is done by victim surveys. It is not yet clear what these surveys measure. Are the surveys designed to measure crime or victimization? Are they meant to measure criminal victimizations that meet the criteria set by the criminal code? or are they meant to measure subjective victimizations experienced by the respondents. These are different realities.

Fattah on Victimology • From here, he unfolds the different theoretical models that have led to various theoretical formulations: • - Lifestyle Model • a simple and logical extension of the medical concept into the social sphere: smoking, sedentary way of life, aids and eating increase health risks. • Routine Activity Approach • Opportunity Models • L and RA brings potential victims together with motivated offenders (proximity, attractiveness and exposure) or direct differential opportunities. • This is the model that Fattah favors:

Fattah then describes a flurry of victim legislation, victim compensation, offender restitution and victim services.

Information from the sociology of social movements • Scientists form an interest group (Berger and Luckmann 1986). They are interest driven. • interests are formed by invested “capital” • by scientific convictions certainly, • by interest in being funded • by an interest of being acknowledged by peers and students and “followers” • Theories - the special tools in the competition and identity markets - are validated more by social support than by empirical evidence. • The intensity of support determines the ultimate success of this interest group - like any other interest group - in their efforts to promote a cause, a problem, a science. • Scientific theories in any field of science are a kind of social construction of reality. This is not different in social science, here: in victimology.

Positivist, radical or critical versions of victimology (identified by Mawby and Walklate 1994) are just different competing constructions in victimology. • Individuals and interest groups construct and generate social problems out of their interests, whether there are data in objective reality that justify this or not. • Data can be produced ad libidum and ad nauseam! • That does not change the fact that scientists are interest driven. • Special knowledge is formulated and administered by specialists whose social prestiges depend on their special ability to teach, to write, to do research, to distribute resources, occupy the media. • To avoid their dictatorship, it is needed to keep the connection to victim assistance.

Maus (1975) developed a convincing model that explains how society in general reacts towards the “new kids on the block” • Victimology was received by the relevant existing groups - the publics in criminal law, criminology, social sciences generally and by the stakeholders in the status quo - exactly in the same way society deals with new social movements. • Techniques include • overlooking • rejection • ridicule “feel free to call it victimology!” • outright fanatic opposition • attacks • cooptation • that is nothing new • we embrace the efforts fully • recognition

This recognition is dangerous: • only if there is enough disquieting noise and unrest, the stakeholders of the traditional way of thinking (or the existing social order) will listen and finally will react. These reactions are applauded by the outer circle and often by the inner circle as well. Then the problem is solved. Dangerous moment: The resounding body is leaving the movement and turns to other goals (e.g. crime prevention, restorative justice or transformative justice) the inner circle of “true believers” “the activists” “the hard core” is still dissatisfied and continues the fight. Observations: 1985 UN Declaration

There are many examples • Nils Christie brought a practical development in victim offender mediation to the theoretical point: horizontal or vertical justice? The systems often adopted horizontal elements. • Participation of victims: • full fledged participation • or fake participation: • in Japan very new reform • victim impact statements • mediation, victim offender reconciliation • victim assistance organizations: • in Germany it is very difficult to introduce new measures “for victims” that are not supported by the greatest victim organization Weisser Ring.

Observations on theoretical victimology • Victimology is the social science of victims, of victimizations and of the reactions toward both, towards victimization and towards victims. • Is victimology the same as the contributions of other science towards victimology? • especially in the first period of academic teaching, the field depends on scientists from various other disciplines who lecture about the contributions of their home faculties to the emerging field. • Is victimology more than the sum of contributions of other sciences?

Structure of Victimology • 1. Social Science of Victims • Who are the victims in victimology? • 3 kinds of victims have been discussed • Victims of crime • Victims of “everything” • Victims of Human Rights violations including crime

The measurement of victims • Of course we want to know “how many are out there?” • Victim Survey • A general question: • From what do we know how many crimes are “out there”? • Police statistics • Self reports of actors • Self reports of victims • These systematically collected self reports are called Victim Surveys. • Big advantage: • We can ask other things, • What goes hand in hand with victimization?

Often sociologists find that victimization goes hand in hand with the same kind of variables crime goes hand in hand with • The social correlates of crime • E.g. Routine activity theory • Routine activities bring people differently in contact with offenders • Motivated offenders • Attractive target • Lack of effective guardian • That is criminology: it explains under what conditions crime happens very probably

Victims have experienced damage • I did not want to talk about crimes but about victims. • Typical for the victim is: • They have experienced a damage • An emotional damage • A physical damage • A financial damage • Social damage? Damage in reputation? Is this an own category? Where does this belong? • That is very important to keep in mind: this triangle describes a victim very well. For analytical purposes we have to keep these dimensions apart:

Social Science • of Victims • of Victimizations

Two perceptions of victimization • 1. the static one • 2. a more dynamic one

Victimizations • Victimology is the social science of • 1. victims • 2. of victimizations • 2.1. as a process • 2.2 the damage the victim has experienced • 2.3. the process of becoming a victim: victimizations as invasions into the self

Victimization as a process The next concept:victimizations. Victimization means a process: the process of becoming a victim. sometimes very short sometimes long and escalating it is a social process of becoming a victim social definitions that prepare the victim for its demise: e.g. victims of genocide

Victimization • The static model • The three dimensions of damage • Emotional damage (including social damage) • Physical damage • Financial damage • Useful for analytical purposes • A little bit simple • We know that it is “artificial” • The dynamic model

Definition of a victimization as process Victimizations are Invasions into the Self of the Victim In this definition, we see a certain model of a person There is a self, which can be invaded (Painting) Invasion means a certain penetration from outside there is something around the “self” There is a kernel That we are going to explore a little bit more in detail 2014/11/15 Prof. Dr.jur. Gerd Ferdinand Kirchhoff 38

TheSelf … and the layers Imagine an onion Here is the outer peel Brown and tough Remove it: you come to more tender parts Parts which never have seen the sun Parts which are softer The deeper you go, the softer is the material The softer, the more sensitive to intrusions The more sensitive, the easier it is to intrude The less protected, the more pain is produced by intrusions In the center of the onion, there is the real Self 2014/11/15 Prof. Dr.jur. Gerd Ferdinand Kirchhoff 39

The self and the layers Victimizations are Invasions into the Self of the Victim You win a feeling for a rank order of victimizations According to their severity Severity is represented by the deepness of the invasion into this model Victimizations on the surface are light and easy Intensity 1rst degree Loss of non valuable cheap mass products Different: emotionally loaden items 2014/11/15 Prof. Dr.jur. Gerd Ferdinand Kirchhoff 40

Intensity 2nd degree The case of theft of an inherited ring of mother The case of burglary Feeling of invasion of privacy Feeling of shattered security Feeling of loss of property Reactions: Fear, Panic attacks Sleeplessness Headache 2014/11/15 Prof. Dr.jur. Gerd Ferdinand Kirchhoff 41

Invasions: Intensity 3rd degree Imagine Street Robbery First you do not believe what happens This is a joke! Then: panic, anger, nervousness Rage that nobody comes and helps Loss of ability to evaluate social situations properly Loss of physical integrity Loss of property Sadness that nothing is like it was before Insecurity! 2014/11/15 Prof. Dr.jur. Gerd Ferdinand Kirchhoff 42

Intensity 4rth degree Sexual victimization In human interactions, everyone sends and receives signals of sexual content This happens all the time But: we believe that is only so in moments where we want this to happen In moments where we are aware of this Sex offenders grab us exactly at this spot of our personality 2014/11/15 Prof. Dr.jur. Gerd Ferdinand Kirchhoff 43

Intensity fourth degree Sexual Victimization Destruction of identity You lived protected in yourself Now you feel open to the grabbing invasions of everybody You feel unprotected You feel insecure and you panic You thought you could determine yourself what happens with you Now you feel that you are powerless You have no autonomy You felt you were a person with its own dignity and worth Now you feel invaded by someone who wears dirty shoes and who has muddy hands Your self esteem is destroyed 2014/11/15 Prof. Dr.jur. Gerd Ferdinand Kirchhoff 44

Can you live with such a feeling about you and your life? No Life-preserving fictions are destroyed These fictions are like a shield around you Now you are forced to live without the protection of these believes This is completely unknown to you You feel naked among wolves! 2014/11/15 Prof. Dr.jur. Gerd Ferdinand Kirchhoff 45

Victimizations • Victimology is the social science • 1. of victims • 2. of victimizations • 2.1. the damage the victim has experienced • 2.2. the process of becoming a victim: victimizations as invasions into the self • 3. and of reactions towards both • 3.1 informal reactions of the victim : crisis and crisis reactions • 3.2 informal reactions of the social environment • 3.3.1 secondary victimization • 3.3.2 crises and intervention

Invasions cause Crisis These invasions cause crisis Crisis is an escalating feeling of insecurity It is triggered by the experience That the normally available powers to handle insecurities are blocked They do not function They are gone You are frozen This experience makes the fear bigger In an escalating spiral this feeling becomes unbearable It explodes into a reaction 2014/11/15 Prof. Dr.jur. Gerd Ferdinand Kirchhoff 47

Crisis Reactions Reactions can be Very silent Sadness - Depressions - Mood Disorders It closes your mouth - You say nothing Very dramatic Very expressive Very loud Crying and uncontrolled reactions Immediately ….. or delayed Culturally determined 2014/11/15 Prof. Dr.jur. Gerd Ferdinand Kirchhoff 48

Helplessness Feeling of chaos and being without orientation Rage and anger that this happened to me that no one helped me Disappointment about family Isn’t he supposed to protect me? Why did they leave me alone in such a decisive moment ? Anger about the offender That he was so unashamed to treat me like this! 2014/11/15 Prof. Dr.jur. Gerd Ferdinand Kirchhoff 49

I will never be able to feel safe again! I can trust nobody In the decisive moment, they disappear I feel guilty If I had not behaved like this….. My contributive behavior (behavior attribution) This is me, my character (character attribution) I feel ashamed My value is damaged What will the family say about me? What will the friends say? My colleagues? 2014/11/15 Prof. Dr.jur. Gerd Ferdinand Kirchhoff 50

Theoretical Victimology