Victim's Statement Research Articles

피해자 진술 제도를 둘러싼 영미권의 논쟁과 그 정책적 함의

This study aims to examine the potentially controversial elements of the current victim statement system in Korea and to find solutions to them so that the system can develop in the right direction. The potential issues under discussion are drawn from the experience of Western societies, particularly the Anglo-American region. The main concerns of this article include the following issues: the conditions of acceptable statement content, the issue of allowing victims' sentencing opinions, the permissibility of references to victims' values and characteristics, the form of delivery of victim statements (oral statements, written statements, proxy statements by third parties, standard forms, etc.), the use of video or music in victim statements, and the right of the defendant to cross-examine victim’s statement. The debates and policy implications of each of these topics are organized through two frameworks: an instrumental model, which focuses on the impact of victim statements on sentencing, and an expressive model, which focuses on the victim's well-being and communicative abilities. The analysis found that the controversy and confusion surrounding the victim statement system stems in part from a lack of clarity on the purpose of the system and inadequate practical guidance for its operation. Based on this discussion, this article suggests that the following are important considerations for proper operation of victim statements: clarifying the purpose of the system and providing adequate guidance to victims; limiting prejudicial and inflammatory statements and expressions; exploring non-adversarial and eclectic approaches to the issue of a defendant's right to cross-examine a victim about his or her statements; involving victim support workers in the preparation of victim statements; and ensuring that victim statements are oriented toward victim restitution and healing.

준강간에서 피해자가 음주 후 수면 중 심신상실 또는 항거불능의 탐색

This study explores the criteria for determining whether a victim of a sexual crime was in a state of mental loss or unable to resist due to intoxication and sleep at the time of the alleged rape by the defendant. To this end, this paper reviewed literature and court cases regarding Quasi-Rape. Academically, blackout and passing out are significantly mentioned in relation to alcohol consumption, whereas in court cases, the focus is often on whether the victim's mental state during sleep after drinking, which is not unconsciousness but a weakened or incomplete state of consciousness, constitutes an inability to resist. However, recent Supreme Court rulings highlight that in cases where time has passed and the victim later claims to have been in a state of inability to resist, the judge must make a highly logical judgment based on a comprehensive review of various evidences, including not only the victim's statement but also the defendant's. In conclusion, first, there exists a factual difference in perspective on attempted rape cases depending on the judge's gender, and even though the judge's decision is logical, it can still be subjective, indicating a need for the development of objective measures for mental loss or inability to resist. Second, it is appropriate for the prosecution or court to request expert analysis of statements, considering both the victim's and the defendant's statements. Third, more specific legal standards are needed for the ‘significantly difficult situation’ in the case of inability to resist. Fourth, since most attempted rape cases involve the victim alleging rape and the defendant alleging consensual sex, it appears necessary to typify the patterns of rape and consensual sex from a gender-equality perspective and provide judges with additional criteria for judgment.

Exploring the quantity and type of evidence collected during criminal investigations in South Korea

This article explores the patterns of 11 types of criminal evidence collected by a detective team in real-life 172 volume crime cases that occurred in South Korea. Electronic and paper case files were analyzed to examine the patterns of how much and which type of evidence was collected per case. The results show that, in general, the team collected almost four pieces of evidence per case, and notably, testimonial evidence (e.g., statements) was collected more often than physical evidence (e.g., video recordings, DNA, and fingerprints). Among the physical evidence types, video recording was the most available; victim statement was the most available of testimonial evidence types. Another finding was that more evidence was collected before than after interrogation. Overall, this study provides empirical insights into the current landscape of evidence collection practices in South Korean police investigations, with implications for both law enforcement procedures and academic research on criminal justice systems.

성폭력 범죄의 신빙성 판단기준인 성인지 감수성에 대한 고찰

When sexual violence crimes are committed in a private space, there is little physical evidence, and it is not easy to prove the perpetrator's crime as the victim is the only witness. If the arguments of the two parties are different, there is no choice but to worry about whose statement to give faith. In sexual violence crimes, gender sensitivity appears as a criterion for judging the credibility of victim statements.
 Gender sensitivity is a broad ability to recognize gender discrimination and gender inequality, a concept that has recently emerged to improve gender-related perceptions such as gender equality and gender awareness. Originally, gender sensitivity was a cognitive concept that was not related to the legal application of criminal cases and should be applied to policies or systems. In 2018, the Supreme Court applied for the first time in sexual harassment cases. As the Supreme Court cites this in criminal proceedings, it appears to be important in its meaning under criminal law.
 However, gender sensitivity is a concept that requires judgment from the perspective of an average victim, and what it means is ambiguous. In addition, there is a concern that objective and detailed arguments may be omitted during the trial process by hastily generalizing the victim's statements. It is also very dangerous because it seems to be implicitly understood to put more credibility on the victim's statement. In addition, it may be quite unreasonable to judge guilt or innocence based on the victim's statement. This is no different from estimating facts based on the victim's statement, so there is also a risk of a public opinion trial.
 Gender sensitivity should be satisfied that the victim cannot be said to be not a victim just because he/she acted uncharacteristically. In other words, gender sensitivity cannot be the only criterion for solving sexual violence crimes. This is the same as victimhood in a narrow sense. In other words, gender sensitivity and victimhood should act as passive elements that cannot be said to be victims just because they do or do not do such actions. Therefore, gender sensitivity or victimhood cannot be the only criterion for judging the credibility of victim statements. If only statements exist and there is no physical evidence, there is only an effort to reveal the truth, but the perfect substantive truth cannot be revealed. Therefore, the contents of the statement should be comprehensively evaluated and the principle of presumption of innocence should be followed. In addition, it can be said that a case without reasonable doubt in conviction requires a high degree of certainty compared to a case with physical evidence.

On shame and the perceived credibility of sexual assault allegations

AbstractDespite the high incidence of sexual assault, doubt about allegations is common. Previous research suggests that victims expressing positive or no emotion are perceived as less credible than those expressing negative emotions. However, little is known about which specific negative emotional expressions contribute to credibility in this context. In two studies (N = 623), participants read a date rape vignette. The alleged victim's statement was paired with a picture of a female person expressing either shame, sadness, or no emotion. Participants rated the credibility of her account and completed a measure of rape myth acceptance. Controlling for rape myth acceptance, allegations were perceived as more credible when accompanied by an expression of shame versus sadness (a negative, low arousal control condition). It is critical to be aware of the shame‐credibility bias in this context to intervene and support those who have experienced sexual assault.

The mediating role of state anger in the associations between intentions to participate in the criminal trial and psychopathology in traumatically bereaved people

Victims of crimes have been granted increasing procedural rights to participate in the juridical process since the mid 1990s. However, knowledge about the (anti)-therapeutic effect of participation is limited. We examined the associations between symptom levels of persistent complex bereavement disorder (PCBD), posttraumatic stress disorder (PTSD), and depression and the intention to participate in a criminal trial. Furthermore, we investigated the mediating role of state anger in these associations. People who lost loved ones after a plane disaster with flight MH17 (N = 203) completed questionnaires within three weeks before the start of the criminal trial. Mediation analyses indicated that people, who did not intend to actively participate in the trial by delivering a written or oral victim statement, were less likely to experience anger, which is, in turn, associated with attenuated psychopathology levels. State anger explains 68% of the effect of the intention to exercise the right to speak on PCBD levels. An important limitation is the cross-sectional study design, which precludes conclusions about temporal associations. More research is needed to improve preparation and support of bereaved people when they intend to exercise their victim rights during a criminal trial.

Perlindungan Hukum Terhadap Anak Sebagai Korban Dalam Tindak Pidana Kekerasan Seksual (Studi Kasus Di Polres Serdang Bedagai)

Child sexual abuse is a form of child abuse in which an adult or older teenager uses a child for sexual stimulation. Forms of child sexual abuse include soliciting or pressuring a child to engage in sexual activity. Law enforcement in Indonesia at this time cannot be separated from the aspect of legal protection for children. Talks about children and their protection will never stop throughout the history of life, because children are the next generation of the nation and the successor of development, namely the generation that is prepared as the subject of the implementation of sustainable development and the holder of control over the future of a country. Efforts to protect children must be started as early as possible, so that in the future they can participate optimally for the development of the nation and state. The problems discussed in this thesis are about the form of legal protection for child victims of sexual crimes and the Constraints of the Serdang Bedagai Police in Handling Criminal Cases of Sexual Violence Against Children. The type of research in this thesis is normative juridical, namely a research method that examines the study of documents, which uses various secondary data such as legislation, legal theory and can also be in the form of opinions of scholars. The results of this study are forms of legal protection for child victims of sexual crimes regulated in Law Number 35 of 2014 concerning Child Protection, Law Number 23 of 2004 concerning the Elimination of Domestic Violence, Law Number 11 of 2012 concerning the Judicial System Child Crime. The constraint of the Serdang Bedagai Police in Dealing with the Criminal Case of Sexual Violence Against Children is the victim's statement that is not frank, the victim does not tell about the actual witness and the victim's information is always changing so this is confusing in the investigation process and the victim does not give testimony because of threats from the public. certain parties or fear that their disgrace will be known by many people.

DOMESTIC VIOLENCE AGAINST PARENTS BY CHILDREN

Background: This persecution problem often occurs, both in the community and in the family environment. The crime of persecution is one of the crimes that is growing from time to time. Efforts to regulate domestic violence into legislation have been carried out through Law no. 23 of 2004 concerning the Elimination of Domestic Violence is a community demand that is in accordance with the objectives of Pancasila and the 1945 Constitution of the Unitary State of the Republic of Indonesia (hereinafter abbreviated as UUNKRI 1945) to eliminate all forms of violence in Indonesia, especially domestic violence. Law No. 23 of 2004 concerning the Elimination of Domestic Violence (herein after abbreviated as the Elimination of Domestic Violence) has described several scopes of domestic violence where one form of violence is "abuse of biological parents by biological children". Case Report: A Case with a Chronology of Events On Wednesday, November 17, 2021 at 17.30 WIB, the victim came to the ER at the Langsa City Hospital. Based on the victim's statement, the victim complained of pain in the face in the left eyebrow and under the left eye due to being hit by the victim's child on November 17, 2021 at 16.30 WIB. This was triggered because the perpetrator asked the victim for money and felt that it was not enough then got angry and then hit the victim in the eye until the victim finally fell. After the incident, the victim was immediately taken to the hospital by her daughter because she panicked when she saw blood dripping from the victim's forehead, to get treatment at the Langsa Hospital and after receiving treatment and education by medical personnel in the ER, the victim and her child went to the Langsa City police station. to report this incident. And the investigators followed up by issuing a Request for Visum et Repertum on behalf of the victim. From the results of the examination, there were bruises on the left upper and lower eyelids, abrasions on the left cheek and a torn wound on the left eyebrow due to blunt force. Conclusion: A 61-year-old woman has been examined. The victim is a victim of domestic violence by the victim's biological child. The crime in the case experienced by the victim is a Special Crime where this is regulated in Law no. 23 of 2004 concerning the Elimination of Domestic Violence Article 44 paragraph 1.

Quality of Victim Statement in Child Sexual Abuse in Turkey

ABSTRACT Child sexual abuse is the most challenging type of abuse to detect. Moreover, there are difficulties in gathering evidence, apprehending, and prosecuting the perpetrator. The trial is often based on the contradiction of the suspect’s and the child’s statements. The aim of this study is to identify the difficulties encountered during the entire trial in cases of sexual assault against the child in Turkey starting from the investigation phase, to determine the auditability of taking a child’s statement, which is the basis of the judicial decision, and to evaluate the effectiveness of the principles set by the Supreme Court, which oversees the local court decision. It was determined that the trial was continued on abstract allegations, the Supreme Court’s approval of the decision of the local court was based on “the slander of a person who wants to harm another person over the sexuality of a minor is contrary to the usual flow of life.” Furthermore, the reason wassuggestive of subjective interpretations rather than material truths. This study, which is a master’s thesis, has been submitted to the Turkish Ministry of Justice.

Sexual assault and abuse committed against family members: An analysis of 1342 legal outcomes and their motivations.

Over the past years medical centres specifically addressed in gender-based violence have developed protocols for the collections of evidence useful in the courtroom, including accurate documentation of physical and psychological states of the victim and collection of samples. Previous studies showed an association between documented physical trauma and conviction but unfortunately, few studies in the recent literature analysed the factors that influence the legal outcome and final judgement. The present study focused on the elements that appeared of significance in the legal outcome, including medico-legal evaluation, source of the crime report and circumstance of the assault. It was conducted a retrospective analysis of all the judgments issued by the Public Prosecutor's Office at a Court of a Metropolitan Italian city regarding sexual and domestic violence, from January 1st 2011 to 31st December 31st 2015. Examination regarded the demographic information of the victim and of the defendant, information on the crime, the circumstances of the aggression and medical information retrieved. Sentences were subsequently divided into two categories based on the legal outcome (conviction vs acquittal) and the different characteristics of the two sub-populations were compared to verify if there were variables significantly associated to the judge's final judgment. Over the 5 years taken into consideration, there have been 1342 verdicts regarding crimes of sexual violence (374 cases) and regarding abuses against family members or cohabitants (875): other 93 cases regarded both sexual violence and abuse. 66.3% ended in conviction of the offender and 33.7% in acquittal of the accused. Cases of conviction were more frequent when they involved: use of a weapon by the assailant, as well as if the assailant had a criminal record and had a history of drug abuse or other addictions; duration of proceeding less 22 months and a civil party involved; presence of clinical documentation together with other deposition in addition to victim's deposition; also frequent episodes of violence and application of precautionary measures were associated to conviction. Many factors seem able to influence the judge's judgment, although clearly each case must be singularly evaluated. The mere presence of medical documentation, without the support of other sources of evidence, such as the victim's statement or further declarations, however, is almost always not definitive for the verdict. Despite so, in cases where there are multiple sources of evidence, clinical documentation can provide useful elements and can give clues on the consistency between the history told and injuries observed.

Examination of the Experience of Forensic Interviewers in the Forensic Interview Rooms of Crime Victims: Eskişehir Court

görüşme odalarında, suç mağdurlarının ifade alma süreçlerine katılan adli görüşmecilerin uygulamaya ilişkin algı ve deneyimlerinin ortaya çıkarılmasıdır. Adli görüşmecilerin ifade alım süreçlerindeki deneyimlerini ve uygulamaya ilişkin algılarını belirlemede, nitel araştırma yöntemi kullanılmıştır. Araştırma 2018 Şubat ayında Eskişehir Adliyesinde, adli görüşme odalarında görüşme yapan 26-42 yaş arasındaki 12 adli görüşmeci ile yürütülmüştür. 7 sosyal çalışmacı, 3 pedagog ve 2 psikologla yarı yapılandırılmış görüşme formu esas alınarak derinlemesine görüşmeler yapılmıştır. Verilerin değerlendirilmesinde fenomenolojik analiz yöntemi kullanılmıştır. Araştırma sonucunda, suç mağdurlarının ifadelerinin duruşma salonları yerine AGO’larda alınmasıyla, mağdurların sanıkları hiçbir zaman görmediği ve hâkim/savcıların sorularına doğrudan maruz kalmadığı için örselenmelerinin azaldığı görülmüştür. Ancak AGO sürecinde uygulayıcılar arasındaki işbirliği ve eşgüdüm eksikliği ile ortak dil ve anlayış farkı, belirleyici güç olan hâkim/savcıların kırılgan grup konusundaki eğitim eksiklikleri, mağdurun AGO’da ifade alınmasına sadece hâkim/savcının karar vermesi, teknik aksaklıklar, bekleme süresinin fazlalığı yaşanan sorunlardandır. Adli görüşmecilere hazırlık yapabilecekleri ve görüşme sırasında müdahale teknikleri uygulayabilecekleri gerekli koşulların sağlanması, mağdurun kırılganlık tespitinde ve mağdurla görüşme sürecinde adli görüşmeciye daha fazla söz, yetki ve sorumluluk tanınması, teknik aksaklıkların giderilmesi ve fiziksel koşulların iyileştirilmesi uygulamanın işlevselliğini arttıracağı öngörülmüştür.

Using Temporary Interpreters in Mock Forensic Interviews

This study investigated the use of temporary interpreters in forensic interviews. Chinese–Japanese proficient bilinguals (N = 30) were asked to interpret a victim statement (Chinese to Japanese) and then attend a mock suspect interview where the investigator’s utterances (Japanese to Chinese) and suspect’s utterances (Chinese to Japanese) were interpreted. The cognitive load of interpreting (the length of utterances) and workload of interpreting (comparing one-interpreter and two-interpreter conditions) were investigated. In addition, the categories of information (time, place, agent, object, and action) were analyzed. Results indicated that the longer the utterances, the more often omissions occurred; however, no differences were found between one-interpreter and two-interpreter conditions, suggesting that the cognitive load is responsible for omission during interpreting. In addition, orienting information (i.e., time and place) was more likely to be omitted than other kinds of information. Problems encountered when using temporary interpreters are discussed.

Meaning of victim's statement in sex crimes

Meaning of victim's statement in sex crimes

Probative values and their affecting factors of criminal investigation records

Following improvements in evidential thinking, more questions have been raised about the probative values of criminal investigation records; therefore, there is an urgent need to investigate the prominent problems with this system for keeping investigation notes and evidence. The binding 2013 Criminal Procedural Law of the People's Republic of China lists the victim's statement, defendant's confession or defence, inspection, examination, identification, and investigation notes as statutory evidence. Technically, these criminal investigation records are naturally legally admissible as evidenced in criminal justice procedures. However, the Miranda rules of the United States, which guarantee the defendant's right to silence, have not been established in mainland China. Consequently, the objectivity of those kinds of criminal investigation records can be questioned during cross-examination. Comparative and systematic research methods were used to examine the probative values and their affecting factors in criminal investigation records. The results show that it is not easy to obtain the full probative value of criminal investigation records because it involves analyses of issues such as understanding the notes, procedures, and methods in making the records, as well as the reform of related systems, such as transplanting the Miranda rules to secure the defendant's right to silence and the presence of counsel. Only in this way can we expect evidence used in criminal investigation records to be used scientifically by ensuring that evidence of criminal acts are kept free from irrational contamination and resolve the existing related problems in judicial practice.

Een systematische literatuurreview naar de gevolgen van een slachtofferverklaring voor de straftoemeting

On July 1st 2016 a law entered into force that gives the victim or survivors of serious crimes the right to speak unrestrictedly in court. Where the victim or survivors used to be only permitted to make a statement on the consequences of the crime for them, the recent amendment of the law permits them to speak about the evidence, the legal qualification of the crime, the culpability of the offender and the appropriate punishment as well. Discussions on the introduction or extension of the victim’s right to speak mainly focused on the consequences of victim statements on the procedural consequences and on the consequences for the victim. Little attention is paid to the consequences for the offender. This article reports the findings of a systematic literature review on the relation between a victim statement and the imposed punishment. The findings from the American studies show that a victim statement aggravates sentencing outcomes. How desirable is that? For answering that question, more research is needed, which the legislator has not wanted to wait for.

Honor Killing of Women: A comparative study of the Pakistani Print Media

This research examines news coverage on honor killing. This study is the comparative study of the two mainstream print media outlets Jang and Khabrain. The time period has been chosen from January 2013 to March 2013.Content analysis was used to examine how honor killing news is presented in these two newspapers. this exploration about the honor killing news especially violence news about the women further advance the dynamics of the crime news reporting by gathering the useful information that how the reporters and the media agenda setters are treating this issue. Six main categories and five hypotheses were developed and tested. This research focused on how much print media of Pakistan gave importance to the news of honor killing. The social evils are highlighted in the press, dealing various issues about women, including honor killing, like arranged marriage, Love marriage, victim statement, Mal-practice, victims of the Sexual assault, Karo-Kari. Murder is another evil against women. The stone hearted people kill the innocent women when they feel they are shame for them.

The (Political) Pursuit of Victim Voice:<br>(Comparative) Observations on the Dutch Draft on the <i>Adviesrecht<i>

Since contemporary victims’ policy features the pursuit of procedural justice, the criminal justice authorities have introduced procedural arrangements to serve victims’ voice. Western states use (some form of) Victim Impact Statements, providing crime victims with room to inform the courts about the consequences of the crime. Nevertheless, victim voice is contested since it creates an imagery of bias and might cause repeated victimisaton. Indeed, victimologists point at the heterogeneity of victims’ needs, stating that the topical focus on victim voice executed during trial proceedings is one-sighted. Notwithstanding this critique, the Dutch legislator has recently lodged a proposal to introduce a so-called adviesrecht, encompassing the full scheme of the court’s decision-making (guilt and truth finding). Since the Dutch use non-bifurcated trial proceedings, the adviesrecht might have serious repercussions for the standard of a fair trial. A comparative (legal) perspective on the (use of) the Victim Impact Statement and the Victim Statement of Opinion as used in the United Stated of America appears helpful to expose the potential repercussions of extended victim voice in terms of procedural justice.

Alles naar wens? Observaties naar aanleiding van het conceptwetsvoorstel ter aanvulling van het spreekrecht voor slachtoffers en nabestaanden in het strafproces

Since 2005, Dutch victims of serious crime have the right to make an oral statement in court (‘spreekrecht’). In the past decade, the Dutch criminal justice system has accommodated this right to make an oral statement with regard to the consequences of the crime; no major problems have occurred. Indeed, only a minority of the victims consumes this right (ca. 230 cases annually), the majority prefers to lodge a written statement. Nevertheless, the Dutch legislature is of the opinion that the right to make an oral statement should be extended and has lodged a draft-proposal recently. The aim is to provide crime victims a right to put forward an advice to the judge at the trial session, such an advice relating to the full scheme of judicial decision-making (truth, legal qualification, punishment). Such a provision resembles a Victim Statement of Opinion, used in the American scheme of justice, and even exceeds this. The draft has been met with criticism, only the Dutch Victim Support is in favor. One of the objections heard is the one dimensional focus underlying the draft: by focusing on a specific group of victims – those who have suffered from serious crimes – the legislature neglects the heterogeneous nature of victims’ needs.

Victim Personal Statements: An analysis of notification and utilization

Victim statement policies are a controversial topic inspiring several decades of debate. Criminal justice systems internationally have implemented diverse types of victim statement policies; however, regardless of the type of policy, literature supports that victims seldom provide statements. Despite these findings, few studies have explored the notification and utilization of these policies. The current study selects the Victim Personal Statement (VPS) policy in England and Wales to evaluate what factors influence whether victims are informed of the VPS, and what factors influence one’s decision to provide a VPS by using British Crime Survey (BCS) data. The findings support that several victim, offender, offense, and jurisdictional characteristics influence both notification and utilization of victim statements. The implications for these findings regarding victim statement policies are discussed.

Credibility of the emotional witness: A study of ratings by police investigators

Credibility judgments by police investigators were examined. Sixty-nine investigators viewed one of three video-recorded versions of a rape victim's statement where the role was played by a professional actress. The statements were given in a free recall manner with identical wording, but differing in the emotions displayed, termed congruent, neutral and incongruent emotional expressions. Results showed that emotions displayed by the rape victim affected police officers’ judgments of credibility. The victim was judged as most credible when crying and showing despair, and less credible when being neutral or expressing more positive emotions. This result indicates stereotypic beliefs about rape victim behavior among police officers, similar to those found for lay persons. Results are discussed in terms of professional expertise.