Victimology project

This victimology project discusses the legal rights of victims against perpetrators, prevalence of rape and sexual assault, victim advocacy programs, civil litigations, and victim's rights. It also provides insights into the positive and negative effects of civil litigation on the lives of the victim, the need for creating a constitutional amendment that assures a certain level of victims' rights in all courts, and the psychological and financial impacts for victims in this type of situation.

Running Head: PROJECT 1
Victimology project
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Project 2
Victimology
The legal rights of victims against perpetrators.
Rape victims and other victims in the United States have their rights that have been set by
the federal government and all states. The laws stipulate that victims must have access to
protection, information, and roles in the process of criminal justice. Jurisdiction of where
the case is being investigated or prosecuted also plays an important role in safeguarding or
promoting legal rights. These rights can be exercised by the victim or members of the family
in place of minors, people with disability, and incompetent people. Some of these rights
include protection rights where the victim is entitled to restraining orders, police escorts,
witness protection or relocation. This is in cases where he or she can be easily intimidated,
threatened or receive retaliation from the perpetrator. The right to be treated with respect,
sensitivity and dignity should also be exercised. Victims should be allowed to narrate the
impact of the crime against her so that the information can be used in making an informed
decision. She also has a right to a speedy trial as well as enforcement of these rights
mentioned.
The current research and prevalence of these types of crimes.
According to the Justice Department and the National Victimization Survey, there are many
rape and sexual victims being recorded across the country. According to the survey, an
individual is sexually assaulted somewhere every 98 seconds. An attempted or complete
rape has been done on 1 out of 6 women in America. Men have also been victims with 3%
being victims. Between 2009 and 2013, 63,000 children in a year were reported to have

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faced sexual abuse. The reports also indicate the many victims fall between 12 and 17 years,
whole 66% within the age bracket and 34% being under 12 years. Many victims are raped
near their homes or at their homes (55%), in public places (15%) relative’s homes (12%)
enclosed public areas like garages (10%) and in school environments (8%). These statistics,
therefore, show how extensive rape is across the country, (Baum, Cohen & Zhukov, 2018).
The options are available to the victim in the civil court.
In a civil court, the victim can sue the perpetrator or accept a settlement offer. Also, the
victim must prove liability from the preponderance. Civil cases are not interested in
determining whether one is guilty or not, they mainly determine the liability of a party. Civil
courts only determine that a third party or an offender can be held liable for the injuries he
or she caused because of the crime. In this case, the rape victim will seek damages against
her ex-boyfriend. Above all, she can sue the perpetrator for damages causes, emotional
suffering and pain caused.
How victim advocacy programs work.
Victim advocacy programs first consider the entire wellbeing of a rape victim. Victims are
provided with free, trauma-informed and confidential advocacy so that their social change
can be promoted. These programs also empower the victims and educate them on how to
prevent future rape incidences. Victim advocates help further in attending court sessions
with the victims, file paperwork and claims, get information or help from criminal justice
systems and also provide counseling services, (Peterson et al., 2017).
Civil litigations for providing redress to victims.

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As stated earlier, civil litigations can be used in cases where victims sue the perpetrators for
damages caused. These damages can be emotional or physical hence getting compensation
for the damages sustained.
Positive and negative effects of civil litigation on the lives of the victim.
Civil litigation leads to the award of compensation and this may help the victim in seeking
medical attention, and counseling services. Liability is easy to prove compared to criminal
cases where one has to prove the act was done beyond a reasonable doubt. The negative
aspect of civil cases is that the perpetrator will still be allowed to be part of the community
instead of getting a jail sentence. Women opting for civil cases remain in control of their
cases thus bringing justice.
The type of crime committed
This scenario presents a rape case where the victim’s ex-boyfriend had sexual intercourse
without her consent. Because she did not agree to the act, she was sexually assaulted and
this amounts to rape.
The need for creating a constitutional amendment that assures a certain level of victims'
rights in all courts? Were the rights of the victim violated?
There is a need for an amendment because victims are usually not given a chance to explain
themselves. In this case, the judge did not allow the full process of the case to take place by
stating that the jury may not find the accused guilty. The judge should have allowed the case

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to continue so that a final decision is given by the jury hence exercising justice. As such, the
victim’s rights to a fair hearing were violated.
Do we need to create an amendment to protect victims in this situation or are the victim's
rights already protected?
The right to a fair hearing has been violated by the judge. A full hearing and determination
must be given through adherence to the rule of law and equitable justice, (Reling et al.,
2018). Victims can only be protected through an amendment that directs judges to allow
justice to take its course until the end.
What are some of the rights that could be guaranteed to the victim in this case?
Her rights include the right to a fair hearing, protection, right for compensation, and the
right to have her remedies to be enforced.
How would these rights affect or conflict with the rights of offenders in the system?
Offenders have rights too. These include fair hearing, protection and access to equitable
justice. Conflicts will mainly arise when the perpetrator is presumed guilty because the
plaintiff is a woman hence showing sexual discrimination, (Armstrong & Mahone, 2017).
Also, the offender may fail to have a fair hearing because rape victims are accorded priority
care.
What are the psychological and financial impacts for victims in this type of situation?
Rape victims face a lot of trauma, stigmatization and may have fear towards men. Most of
them also have social interaction issues and this affects their social wellbeing. Due to the
limited movements, rape victims may fail to commit themselves to their work hence being

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susceptible to being fired or expelled from work. Many victims also need medical attention
because of depression and diseases such as HIV that may result from the rape.

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References
Armstrong, C. L., & Mahone, J. (2017). “It’s On Us.” The Role of Social Media and Rape
Culture in Individual Willingness to Mobilize Against Sexual Assault. Mass
Communication and Society, 20(1), 92-115.
Baum, M. A., Cohen, D. K., & Zhukov, Y. M. (2018). Does Rape Culture Predict Rape?
Evidence from US Newspapers, 2000–2013. Quarterly Journal of Political
Science, 13(3), 263-289.
Peterson, C., DeGue, S., Florence, C., & Lokey, C. N. (2017). Lifetime economic burden of
rape among US adults. American journal of preventive medicine, 52(6), 691-701.
Reling, T. T., Barton, M. S., Becker, S., & Valasik, M. A. (2018). Rape Myths and Hookup
Culture: An Exploratory Study of US College Students' Perceptions. Sex Roles, 78(7-8),
501-514.