Victim Policy Research Articles

The European Researchers' Network Working on Second Victim (ERNST) Policy Statement on the Second Victim Phenomenon for Increasing Patient Safety.

The second victim phenomenon refers to the emotional trauma healthcare professionals experience following adverse events (AEs) in patient care, which can compromise their ability to provide safe care. This issue has significant implications for patient safety, with AEs leading to substantial human and economic costs. Current evidence indicates that AEs often result from systemic failures, profoundly affecting healthcare workers. While patient safety initiatives are in place, the psychological impact on healthcare professionals remains inadequately addressed. The European Researchers' Network Working on Second Victims (ERNST) emphasizes the need to support these professionals through peer support programs, systemic changes, and a shift toward a just culture in healthcare settings. Key options include implementing peer support programs, revising the legal framework to decriminalize honest errors, and promoting just culture principles. These initiatives aim to mitigate the second victim phenomenon, enhance patient safety, and reduce healthcare costs. Addressing the second victim phenomenon is essential for ensuring patient safety. By implementing supportive policies and fostering a just culture, healthcare systems can better manage the repercussions of AEs and support the wellbeing of healthcare professionals.

Legal Protections for Victims of Sexual Violence and the Rights of Victims

WHO has conducted surveys from 2000 to 2018, revealing that out of 161 countries, at least one in three women in the world has experienced physical and/or sexual violence. Additionally, The United Nations Entity for Gender Equality and the Empowerment of Women states that an estimated 35% of women worldwide have experienced physical and sexual violence. The issues addressed in this research are the specific regulations on sexual violence criminal acts in Law Number 12 of 2022 concerning the Sexual Violence Crime Law and the legal protection policy for victims of sexual violence. This research adopts a normative juridical approach, utilizing a literature review as well as secondary data analysis with a statute approach. The research findings indicate that the specific regulations in Sexual Violence Crime Law can be classified based on their definitions, types, evidence arrangements, victim rights, and criminal sanctions. The victim rights encompass the right to assistance, restitution, and compensation, the right to temporary protection, the right not to appear at trial, and the rights related to handling, protection, recovery, and rights for the family of victims of sexual violence criminal. The new regulations and provisions in Sexual Violence Crime Law have introduced many new innovations, particularly in legal protection policies that are oriented towards the rights of victims. However, some aspects still need to be considered to ensure the effective implementation of these regulations. It is necessary to promptly establish further implementing regulations regarding granting victims' rights.

Information needs of informal caregivers in caring and rehabilitation for dioxin victims in Vietnam

BackgroundHealth outcomes among Agent Orange/dioxin (dioxin) victims are significant due to many individuals requiring daily assistance, informal care, and rehabilitation support. This study aimed to identify the information needs of informal caregivers of dioxin victims in Vietnam.MethodsA cross-sectional study was conducted in Quynh Phu district, Thai Binh province – an area with a large number of dioxin victims, from June 2019 to June 2020. Quantitative data were collected from 124 caregivers of victims via structured interviews. Qualitative data were collected using semi-structured interview guides with in-depth interviews (IDI) (n = 36) and two focus group discussions (FGD) (n = 12).ResultsThe results demonstrated that all caregivers of dioxin victims were family members, predominantly older (71.8%), 61.5 years old on average, living on low incomes (87.9%), and were farmers (80.7%). Almost all participants (96.8%) reported having information needs, particularly concerning dioxin’s harms, nutrition, dioxin-related policies and rehabilitation, and psychological support for patients. Caregivers reported that they would like to receive information via health staff counselling (85.0%), television (75.0%), and community loudspeaker (65.8%). Notably, the majority of caregivers reported the need for information regarding psychological support (70.0%). These findings are consistent with qualitative data, which identify an urgent need to provide information, especially through health staff and digital resources.ConclusionMany families with dioxin victims lived with little support and information, highlighting their high demand for information about care and rehabilitation. Thus, the healthcare system should promote information support, policy, and psychological support for caregivers and victims. An online support system for caregivers and victims is also recommended.

Organizing Penal-Welfare Hybridity: Trauma, Vulnerability, and State Recognition of Crime Victims

Existing literature argues that the incorporation of “crime victims” into the U.S. state has been a causal force in carceral expansion. I argue that instead of carceral expansion alone, victim politics have contributed to penal-welfare hybridity: the welfare state expands as it gets attached to criminal procedures. Drawing from archival data on the crime victims’ movement, I show how victim policies generated a new welfare infrastructure that operates under the aegis of criminal systems. I also reveal the cultural logics through which penal and welfare programs were hybridized: mobilizing trauma discourses allowed stakeholders to fuse therapeutic and “protective” capacities of the state—while perpetuating racial exclusions through the concept of vulnerability. Organizationally, feminized service work was located inside the masculinist penal system, expanding welfarist jobs under the purview of criminal institutions. This article shows that ideas about trauma and vulnerability help explain the selective expansion of the welfare state inside and/or alongside the punitive state.

Comparing Negative Social Reactions to Sexual and Non-sexual Crimes: An Experimental Study with a Japanese Sample

This study compared negative social reactions and blame among victims of sexual crimes and non-sexual crimes. Vignettes that varied in nature (sexual or non-sexual) and method (violence or intoxication) of crime were randomly assigned to Japanese-speaking respondents. After reading the vignettes, they answered items regarding negative social reactions to victims and blame toward victims and perpetrators. A web-based survey was conducted, and 690 participants completed the questionnaire. The results revealed that respondents who read sexual crime vignettes did not report more negative social reactions or blame than those who read non-sexual crime vignettes. However, respondents who read vignettes describing crimes using violence attributed more blame to victims, and reported a higher possibility of negative social reactions of stigma and distraction than those who read the vignettes that described crime using intoxication. Additionally, female respondents attributed more blame to both victim and perpetrator and exhibited lower negative social reactions. In summary, the results suggest that victims of sexual crimes were not attributed more blame or negative social reactions than those of non-sexual crimes. It suggests that the protection of victims of sexual crimes may be improved by developing general crime victim policies, rather than specialized policies for victims of sexual crimes.Journal instruction requires a city for affiliations; however, this is missing in Affiliation 1. Please verify if the provided city is correct and amend if necessary.It is correct. Thank you.

Analysis of the benefits of social assistance policy for victims of natural disasters

Indonesia, which consists of a group of islands, has a very high potential for natural disasters and has an impact on victims, even causing fatalities. The social assistance program is aimed at victims of natural disasters at the stage of prevention and control as well as post-disaster recovery. This study aims to (1) examine the effectiveness of social assistance for victims of natural disasters in terms of timeliness, targets, and handling, and (2) examine factors that support and hinder social assistance for victims of natural disasters. This research used mixed methods and was conducted in 10 disaster-prone locations, namely in Karo, Pidie Jaya, Karang Asem, North Lombok, Kapuas, Pacitan, Pandeglang, Palu, Garut, and Banjarnegara districts. Each location involved 60 respondents who were determined by cluster random sampling technique. Data collection techniques used questionnaires, interviews, FGDs, and documentation studies. Quantitatively the data were analyzed using Wilcoxon Sign Ranks and qualitatively using SWOT. The results showed that social assistance for disaster victims was on time, on target, and appropriate in handling and use. Recommendations for the elderly and people with disabilities to pay more attention, especially at the stage of disaster evacuation.

Comparing the victimization impact of cybercrime and traditional crime

This paper addresses the importance of building knowledge on the impact of cybercrime victimization. Because the topic is understudied, it is unclear whether the impact of cybercrime differs from that of traditional crime. Our understanding of potential impact differences needs to be improved, considering that society and criminality are digitizing and, consequently, more people are likely to become victims of cybercrime. From a practical perspective, knowledge about the impact of different crimes is important to develop victim policies within law enforcement and other relevant agencies, and to treat victims appropriately. In this paper, a literature review is provided, as well as future research directions to address the current knowledge gap. The future research directions are divided in three topics: (1) distinguishing between cybercrime and traditional crime, (2) classifying cybercrime and traditional crime, and (3) measuring the victimization impact of cybercrime and traditional crime.

Improving Justice for American Indian and Rural Victims of Crime Through Community-Engaged Research

Community-engaged research can be effective in directly improving justice for individuals and communities, and to guide policies and practices. Given the challenges to accessing some populations of interest, such as with rural victims of crime, community-engaged approaches provide a means to support ethical and culturally competent research that can improve justice in a meaningful way. In this article, we discuss a collaborative research partnership between academic researchers and a victim service agency that sought to connect rural victim advocacy with a data-driven research methodology for improved justice delivery in two communities with differing rural dynamics. Researchers and practitioners can benefit from recognizing the unique, yet varied, victimization experiences within rural communities, and an understanding of this variability among rural victims and contexts can inform justice practice. We provide best practice recommendations from both researcher and practitioner perspectives for the successful implementation of a project that serves victims in the community and through policy. Implications for justice-related policy and practice for rural and American Indian crime victims are discussed.

Cybercrime victims: victim policy through a vulnerability lens

Many initiatives in England and Wales (EW MOJ, 2015) and demonstrates how current victim policy is ill suited to providing an adequate response to victims of cybercrime. Secondly, it introduces Fineman’s (2008; 2017) vulnerability theory as a lens to better understand cybercrime vulnerability. Finally, with reference to three scenarios based on real cases reported in Wales, it shows how a broader vulnerability framework provides a lens through which to identify areas for intervention, aimed at increasing victim resilience are addressing victims’ immediate needs, in E&W and beyond.

Condiciones sociales para el proceso de implementación de medidas de indemnización desde la política pública de víctimas y restitución de tierras en el barrio villa alegría del municipio de Carmen de Bolívar

En Colombia ha existido desde hace varios años el conflicto armado, lo que originó innumerables enfrentamientos, en los que resultaron personas y familias víctimas de dicho flagelo. Todo esto ha sido permeado por disposiciones como la Ley de Víctimas y Restitución de Tierras, con la cual se han buscado medidas de indemnización administrativa hacia las personas que fueron afectadas. Dentro de ello se ha generado una política pública basada en distintos componentes, entre los cuales se encuentra la prevención, atención, reparación integral, satisfacción, garantías de no repetición y justicia. El objetivo de este artículo consiste en identificar las condiciones sociales para el proceso de implementación de la medida de Indemnización Administrativa de la Política Pública de Víctimas y Restitución de Tierras en el barrio Villa Alegría del municipio de Carmen de Bolívar. Esta investigación se basó en un diseño descriptivo mediante un enfoque mixto, donde se especifican las condiciones en las cuales se encuentran las familias del barrio Villa Alegría.

Resettlement Policy Design for Communities Affected by Natural Disaster in South Lampung

Resettlement in the context of disaster management is a policy that has a broad impact on the affected community on legal, social and economic aspects. This article focuses on problems in implementing the resettlement policy for victims of the tsunami in South Lampung which occurred in December 2018. By using the socio-legal approach, the results of the study indicate that the resettlement policy for communities affected by the tsunami in South Lampung was carried out based on the Regent Decree No. B/613.1/VI.02/HK/2019. This policy was carried out as an effort to recover from the tsunami that occurred. In its implementation, this policy has an impact on at least three aspects of the life of the community concerned, namely the legal impact, social impact and economic impact both before, during the process, and after the construction of new housing. With regard to the legal impact, this resettlement causes legal relationships and issues regarding the rights and obligations of the victim to the building and land where he lives in the resettlement area as well as the rights and obligations of the victim to the land and building in his former place. On the social and economic impacts, problems arise with regard to access to education, employment, and the adjustment of conditions to the new environment in which they live. Therefore, resettlement cannot only be seen as a policy of rebuilding housing in a new place, but resettlement must also be seen as a holistic policy that focuses on rebuilding the livelihoods of the people involved in it, which in this context is a solution to the consequences, which occurs in both the legal, social, and economic aspects of resettlement

The Victim as Policy Agent? Exploring a Single Case from Denmark

Criminal policy processes often appear abstract and illusive, but sometimes a single criminal incident causes traceable policy impact. This article is about such an incident. A victim of a grave, violent assault published an opinion piece in a national newspaper, which sparked considerable public debate and policy actions. Some policy actions were new, and others had previously been proposed but repeatedly discarded. Based on an empirical study of the victim’s opinion piece, the ensuing media debate, and subsequent policy actions, we explore why and how certain victim’s stories capture their audience and strike a responsive chord in the public and in politicians. In the article, we analyze how the victim presents the incident as a narrative, and we identify the central features of the media debate and trace its visible impact on victim policies and legislation. We explore how some elements of the story are silenced in the political aftermath and how other elements serve as capital for politicians in pursuing their own agendas. A closer look at the policy changes in the wake of this opinion piece reveals that the story legitimizes certain political decisions and ignores victims’ desire for structural changes. Our study adds to research of “political agenda setting” by investigating the narrative power of an individual case on policy-making and by exhibiting the complex interplay between an individual story, media attention, and policy-making.

Child Protection Policy for Victims of Sexual Crimes

The study aims to investigate the ideal policy in realizing child protection and identifying the steps taken by the regional government in responding to victims of sexual crimes. The normative judicial method was used to analyse the data collected onsupporting factors and obstacles associated with victims of sexual crimes in Cirebon. The result showed that the government is still stuck in dealing with this occurrence. Therefore, the government needs to identify ways to deal with this problem.

A mixed-methods approach to identifying sexual assault concerns on a university campus

ABSTRACT This study employed a mixed-methods approach to identify the prevalence and nature of sexual assaults at a mid-size public university. An online anonymous survey with multiple-choice and open-ended questions invited all 8770 students to participate. Among the 2511 survey responses (28.6% response rate), 178 (7.1%) students reported experience with unwanted physical sexual conduct (including sexual assault and harassment) at this campus in the past 4 years. The victims reported strong reactions to the incidents, largely embarrassment, anger, worry, self-blame, fear, ignoring the issue but continuing to be affected by it, and avoidance of the perpetrators. There were some gender differences in terms of the prevalence rate, victim reactions, and impact of the sexual assault. Victim responses, police data, and Clery annual reports were analyzed. Triangulation of findings helped to identify policy gaps and provided clear directions for institutional strategies to improve victim support, education, policy enforcement, and continuous monitoring of the issue. Low incident reporting rate and low satisfaction level of the resolution after reporting suggest an urgent need to improve the reporting process and wider institutional effort.

Legal Protection Arrangements for Children as a Victim of Criminal Rape Action in Household

Cases of criminal acts of decency experienced by children, from time to time is increasing. In Indonesia in handling rape cases or immoral acts, victims are often placed as evidence, not as seekers of justice. This raises classic problems including philosophical problems, the legal protection it imposes as a current arrangement against children as victims of domestic violence has not been effective, Theoretical Prolematics, the system adopted by the Criminal Procedure Code (KUHAP) is retributive justice, which is a policy where the point of protection is the offender oriented rather than restorative justice which focuses on the protection policy for victims of crime and juridical problematics, policies whose point of protection is the offender oriented. The purpose of this research is to analyze and formulate arrangements for legal protection for children as victims of household rape in the future. This research is a normative juridical research, then the approach used is the statutory approach, concept approach, historical approach, case approach, and philosophical approach. Legal material analysis techniques are carried out in perspective. The results showed that to overcome systemic sexual violence against women, especially children, efforts are needed to change the legal system and breakthroughs so that the law accommodates the needs and interests of women victims of violence based on the experiences of victims of violence and how they deal with the legal process.

Toponymy as Method: Official Italian Rhetoric, History and the Foibe

AbstractThis paper examines the victimization policy in Italian history through a multifaceted investigation of Italian toponymy: statistics, history, and communication. The investigation shows that the attitudes of victimhood and chauvinism in the public discourse concerning the Italian past became not only socially prevalent but also part of the official rhetoric of the Republic. These narratives resulted in moral shifts concerning the national past, and the foibe (mass killings in Northeast Italy at the end of World War II) became the most representative and celebrated event, as testified by the co‐occurrence of the concept of “martyrdom” with the foibe.

THE APPLICABILITY OF LAND ALLOCATION APPROACH FOR POST-DISASTER HOUSE CONSTRUCTION IN KUALA KRAI

Despite 2,374 units of houses were destroyed during the 2014 major floods in Kelantan, the governments had only manage to build 143 units of post-disaster houses due to lack of land to accommodate the flood victims because of land ownership constraints. Current practice of post-disaster house reconstruction in Malaysia only accommodate victims with land ownership. The flood victims without land do not have the means or money to buy new land for the construction of the post-disaster house. A land allocation policy for victims without land has yet to be introduced in Malaysia. Using a case study approach, the thrust of this research is to highlight the need of land allocation approach for the flood victims who are without land for post-disaster house construction. Therefore, a semistructured interview was conducted on twelve experts, from the field of land law, policies and administrations, to gauge their perceptions in the applicability of land allocation approach in post-disaster house construction. Data from the interviews were analysed using content analysis technique. Findings from the analysis showed that the experts recommended the state alienation approach in accordance with National Land Code 1965 to allocate land for an emergency, temporary shelters and post-disaster house construction. Land allocation policy can assist government in ensuring that land to shelter disaster victims can be made available after the disaster.

THE APPLICABILITY OF LAND ALLOCATION APPROACH FOR POST-DISASTER HOUSE CONSTRUCTION IN KUALA KRAI

Despite 2,374 units of houses were destroyed during the 2014 major floods in Kelantan, the governments had only manage to build 143 units of post-disaster houses due to lack of land to accommodate the flood victims because of land ownership constraints. Current practice of post-disaster house reconstruction in Malaysia only accommodate victims with land ownership. The flood victims without land do not have the means or money to buy new land for the construction of the post-disaster house. A land allocation policy for victims without land has yet to be introduced in Malaysia. Using a case study approach, the thrust of this research is to highlight the need of land allocation approach for the flood victims who are without land for post-disaster house construction. Therefore, a semistructured interview was conducted on twelve experts, from the field of land law, policies and administrations, to gauge their perceptions in the applicability of land allocation approach in post-disaster house construction. Data from the interviews were analysed using content analysis technique. Findings from the analysis showed that the experts recommended the state alienation approach in accordance with National Land Code 1965 to allocate land for an emergency, temporary shelters and post-disaster house construction. Land allocation policy can assist government in ensuring that land to shelter disaster victims can be made available after the disaster.

A Study on Corrosion of Trauma in the Criminal Procedure of Children with Sexual Abuse

성학대 피해의 발생원인은 파악하기가 어렵고 대책 마련도 쉽지 않다. 경찰의 업무상 성학대 범죄를 예방하고 선도할 수 있 는 프로그램의 개발, 운영에는 한계가 있으므로 청소년 관련 공공기관이나 민간기구와의 적극적인 연계방안을 강구함으로써 사법절차에서 해방된 성학대 피해자에 대한 지속적인 관리와 교육이 이루어질 수 있도록 할 필요가 있다. 최근 아동 성폭력사건은 꾸준히 증가하고 있어 피해아동의 대한 처우의 대책 마련이 시급한 실정이다. 물론 성폭력에 대한 사회적 관심이 집중되고 성폭력은 명백한 범죄라는 인식이 과거보다는 확신 되었지만, 가족이나 친척 또는 장애인이라는 이유, 가해자의 보복이 두려운 이유 등으로 신고를 주저하며 형사절차상 처벌 이후에도 2차피해가 발생하고 있는 실정이다. 2016년 국가인권위원회에서는 피해아동보호명령절차에서 피해아동의 의견 존중을 위하여 피해아동의 국선보조인 제도를 필 수화하도록 하여 「아동학대범죄의 처벌 등에 관한 특례법(이하 아동학대처벌법)」제49조의 개정을 권고하였다. 특히 아동성학대는 심각한 신체․심리․정서적 후유증을 동반하고 건강한 사회구성원으로 성장할 발달권, 아동학대나 폭력으로부터 보호받을 권리 등 아동의 권리에 대한 중대한 침해에 해당한다. 특히 신체손상을 초래할 뿐만 아니라 심리적․정서적 손상과 같은 후유증을 동반하여 충분한 상담과 안정적인 환경에서의 치료가 필요하다. 그러나 성폭력범죄에 대한 대책으로 단순히 형벌을 강화하는 것은, 성폭력범죄가 행위자의 습벽에 의한 경우가 많아 처벌에 의한 범죄 억제의 효과는 크지 않을 수 있다는 점에서 실효적인 대책으로 보기 어렵고, 양형의 지나친 강화는 일반적인 형사정 책적 관점에서도 바람직하지 못하다. 또한 성폭력범죄자 가운데 상당수는 범죄의 충동을 억제하기 어려운 심리적인 문제를 가지고 있음에도 기존의 교정프로그램만으로는 성폭력범죄의 재범방지를 위한 효과적인 수단이 될 수 없음이 드러나고 있어 이에 대응하기 위해서는 형벌 이외의 별도의 제재가 필요하다. 따라서 본 논문에서는 이에 대한 대책으로 성학대 피해아동의 형사절 차상 외상치유에 개선안을 제안해보고자 한다.Regarding the problem of swift crisis intervention on crime victims, the initial rights must be given to the police at the beginning of the case while measures to ensure that this right is given to a private organization must be established. In particular, the police force’s role is crucial in finding countermeasures that can restore the basic rights of children victims of sexual abuse. Recently, sexual violence crimes with children victims are consistently increasing and we are in dire need of appropriate measures to treat victims of such crimes. Although social awareness about sexual violence and its gravity has grown greatly with the recent spotlight, there is still a lot of secondary damage after the imposition of criminal penalties due to the victims being afraid to file reports because of various reasons such as familial ties, physical disabilities, and possible revenge from the perpetrator. In the 2016 National Human Rights Commission, it was suggested that Article 49 of the Special Act for the Punishment of Child Abuse Crimes (hereinafter referred to as the “Child Abuse Punishment Act”) be revised so that a government-appointed assistance policy for children victims are made compulsory in order to honor the opinions of the children victims during the Protection of Children Victims Order. In particular, sexual abuse on children is accompanied by seirous physical, psychological, and emotional side effects and is a grave infringement on children’s rights which include the right to develop into a healthy member of society and the right to be protected from child abuse or violence. Not only does it cause physical harm but also various side effects such as psychological, emotional harm, and victims must be treated through sufficient counseling in a stable environment. However, increasing the severity of punishment as a countermeasure for sexual violence crimes is not greatly effective in crime suppression because sexual violence crimes are often caused by the perpetrator’s habits. Moreover, such excessive strengthening of punishment cannot be considered to be ideal from a criminal policy perspective. It has been found that despite the majority of sexual violence criminals have psychological problems associated with the inability to control the impulse to commit a crime, the existing correcting programs are not effective enough to prevent them from committing the same crime again. In order to solve this issue, another form of sanction must be put in place other than the existing punishment. Thus, I am proposing corrosion of trauma in the criminal procedure of children with sexual abuse

PERLINDUNGAN HUKUM TERHADAP KORBAN SEKSUAL OLEH NEGARA (Studi Kasus di Pengadilan Negeri Mandailing Natal)

When the state is the only party entitled to determine which is called the violation and what is not, then the position of state law and law enforcement officials is higher than the individual and the directly harmed perpetrator inflicted. This type of research in this thesis is a normative legal research. This study aims to examine the legal arrangements concering the legal protection by the state against sexualy victimized. To assess the state legal protection for victims of sexual abuse. To examine the legal protection policy for victims of sexual. Legal arrangement reganding legal protection bythe state against sexualy victimized. Law No.23 Year 2002 on Child Protection, set up the law for victims of abuse any person knowingly to violence or threats of violence, force, deceit,a series of lies, or persuading a child to commit or tolerate obscene acts, shall be punished with imprisonment minimum of 3 years and maximum fine of Rp. At Least 300 milillion and Rp.60 milion. Law No 13 of 2006 on the Protection of Witnesses and Victims in preamble this law was born because thet one valid evidence in a court proceeding is whitness and/or victim who hear, see, or experience the occurrence of a crime in an effort to seek and find clarity about criminal offenses commetted by criminals. Legal protection by the state against sexually victimized. The issue of protection against minors who are victims of abuse or sexual assault is not an easy mather for us to practice in reality in everyday life. Particularly in the case of fedofilia or sexual abuse of children under the age where a child should not get the wrong treatment, because every child has a right contained in Law No.23 of 2002 on Child Protection Article 81 paragraph (1) and (2). The rights of children who are victims of crime are : 1) Getting physical assistance (medical first aid, cloting, shelter and so on). 2) Got a problem resolution support (reporting, legal counsel, and defense). 3) Got back his property. 4) Obtain guidance and rehabilitation. Obtaining compensation (restitution, compensation) of the perpetrator (according to ability) or other parties concered for justice and welfare are concered. Penal sanctions set out clearly the Child Protection Act. Non Penal sanctions against sexual victims, especially children are abstract, meaning is less clear how much compensation