Vulnerable Victims Research Articles

A comprehensive epidemiological assessment of female rape in São Paulo State, Brazil: trends, patterns, and implications for public health.

Sexual violence against women remains a global challenge, with Brazil exemplifying persistent issues despite legislative advancements. This study examined sexual violence within São Paulo state, Brazil's largest and economically affluent state, focusing on prevalence, patterns, forensic evidence, and health consequences. We analyzed 40,757 medical reports of alleged cases of rape against women available from the São Paulo Medical Legal Institute from 2014 to 2017. An increase in female rape cases was observed, reflecting broader societal trends, but underreporting, prevalent due to fear and stigma, underscored the need for multifaceted interventions. We also explored correlations between rape prevalence and the Human Development Index, highlighting disparities between urban and rural areas. Additionally, the study revealed concerning proportions of cases involving vulnerable victims, emphasizing the imperative for tailored interventions and legislative reforms. Furthermore, we demonstrated that only a small portion of medicolegal examinations were able to find evidence of sexual violence or recent sexual acts, necessary for conducting the criminal investigation of the alleged act. Therefore, despite challenges in forensic evidence collection, efforts to enhance medical examination protocols and awareness among professionals are crucial. Moreover, findings underscored the significant health consequences of rape, including unwanted pregnancies and sexually transmitted infections, necessitating comprehensive healthcare services for survivors. In conclusion, we reinforced that addressing sexual violence demands coordinated action, including legislative reforms, community engagement, and survivor-centered approaches, to create safer and more resilient communities.

The Opioid Crisis, Impact on Children, and Mitigation Strategies

The opioid epidemic continues to make a significant impact on public health across multiple domains. While patients with opioid use disorders (OUD) remain in the face of this epidemic, the effect of the opioid epidemic, including on children and families, remains unheard. The impact of the opioid crisis is felt the most by individuals who do not use opioids themselves, with children being the most vulnerable victims of the opioid epidemic, an aspect of this epidemic that receives far less attention. The socio-ecological model approach is used to increase awareness of the lived experiences of children growing up in households with OUD and to promote the incorporation of treatment considerations based on available research. A literature review was conducted using computer-based searches using PubMed, PsycINFO, Medline, and Google Scholar databases. This entailed searching according to the following keywords (or stems when possible): opioids, opioid overdose, parental opioid use, child maltreatment, resilience, and adverse childhood experiences. Keywords were combined by using the Boolean operators "AND" and "OR.". Additionally, the ancestry approach, where potential studies were identified from the reference sections of existing reviews on the association between opioids and children, was used. Given that prenatal opioid use is extensively studied, and our focus was on lived experiences, studies focused solely on the effects of prenatal opioid use were excluded. Selected studies were varied in scope and methodologies. We reviewed the bibliographies of identified studies for additional studies and used both forward and backward searching. The economic cost of OUD and fatal opioid overdose is staggering and estimated to be about $1.02 trillion. Exposure to parental opioid use in childhood can have a significant impact on children's current and future lives. Conversely, for parents with OUD, children often provide a strong motivation for treatment. Children of adults with OUD are at higher risk of early exposure and initiation of opioid misuse. Opioid exposure in childhood, in turn, is associated with adult opioid misuse and OUD. Screening at healthcare visits is advocated to detect and mitigate the impact of OUD on children. The odds of using school-based mental health services are greater in boys compared to girls. Emerging evidence suggests that boys manifest less resiliency in the face of parental opioid exposure. This indicates a more nuanced understanding of the developmental outcomes of parental opioid exposure.

피해자변호사제도에 대한 소고

The victim protection system appears to be focused only on victim protection in Korea. The victim lawyer system is one representative system that shows the tendency of this victim protection system. This study examined the victim lawyer system, mainly focusing on which victims could get legal assistance, and suggest improvement measures. In an adversarial system, the prosecutor and defendant are central to the procedure, while the victim is totally forgotten. However, the victim should be respected as a human being. As the victim is another stakeholder with the defendant and affected by the consequences of criminal procedure, the victim also shares a great interest in criminal procedure as a way of justice. Not only that, as one of the parties to the accident with the defendant, it would be fair if the victim could get the opportunity to participate in criminal procedure as the defendant has. At this point, the victims' protection and participation should be considered in the criminal system. However, there is a limitation that victims' protection and participation should not infringe on the defendant's rights. Only a few laws, including the Sexual Violence Punishment Act, provide the victim lawyer system. However, the victim lawyer's role should not be restricted to the victim's guardian but should be expanded to assist the victim in participating. Today, many victims want to participate in criminal procedure, and it's gaining remarkable consensus in society. As the law or system should reflect society or culture, the victim lawyer system necessarily expands to help victims' participation generally. Compared to Germany and France, this country introduced victim lawyers to assist victims' participation, and all the victims typically have the right to legal assistance. As ruling the victim lawyer system and nation-appointed lawyer system separate, it could help the victims participate in criminal procedure and protect vulnerable victims. Therefore, a victim lawyer system must be enacted in the Criminal Procedure Act to establish a general rule, and, in particular, some acts should deal with a nation-appointed lawyer system of victims to protect vulnerable victims.

Road Fatalities in Children Aged 0-17: Epidemiological Data and Forensic Aspects on a Series of Cases in a Single-Centre in Romania.

Road Traffic Accidents (RTAs) are the leading cause of premature death in young people aged 5-29. Globally, 186,300 children aged 9 years and under die from RTAs each year. Romania had the highest mortality rate in children aged 0 to 14 for 2018-2020. This study aimed to assess the involvement of children aged 0-17 years in fatal RTAs by analyzing medico-legal autopsy records in a 5-year period at Timisoara Institute of Legal Medicine (TILM), Romania. A retrospective analysis of medico-legal autopsy records of road fatalities in children aged 0-17 years, from TILM in a 5-year period (2017-2021), was conducted. Of all medico-legal autopsies in the 5-year period, 23 cases (5.8%) involved road fatalities in children aged 17 and under. Preschoolers accounted for 10 cases, followed by the age group 15-17 years (n = 9). Most children sustained fatal injuries as passengers (n = 13), followed by child pedestrians (n = 7). This research follows four representative cases, each being a different type of child road fatality regarding the type of road user, the age of the victim, and the involvement of other risk factors. Our findings emphasize the tragedy of road fatalities in children and the need to determine risk factors and prevention strategies to reduce the enormous global crisis involving these vulnerable victims.

Criminalizing Abuse, Neglect, and Financial Exploitation of Older Adults

The criminalization of abuse, neglect, and financial exploitation of older adults did not begin until the late 1990s in the United States. During this time, a number of states enacted laws criminalizing certain abusive and exploitive behaviors committed against older adults and added punishment enhancements to existing laws if victims were over a certain age. These laws and policies, and the impetus for them, mirrored those enacted decades prior as part of the child welfare movement, with connections drawn between the vulnerability of younger and older victims. Despite passage of these various abuse and exploitation laws for older adults, significant challenges remain in the identification, investigation, and prosecution of crimes committed against this population. Further, the population of older adults has been rapidly expanding along with rates of victimization, elevating the importance of this escalating social problem. This paper identifies limitations in the prior research by describing the past, present, and likely future of U.S. law and policy intended to effectively respond to crimes against older adults and concludes with a research and policy agenda.

Justice for All: Tailoring Laws for Disabled Youth in Legal Battles

Disabled children are considered as the most vulnerable individuals. Because of their physical and/or mental disability they are also considered as the most vulnerable victims. Such children may also face challenges as “children in conflict with law”. Disabled children may be used for several criminal offences While such children may be used for theft etc, voices of such children may also be used without their knowledge or consent for committing several kinds of cybercrimes. Such children may also be engaged in sexual offences. Protection of Children from Sexual Offences Act (POCSO), 2013 mentions about engagement of special educator /translator for assisting disabled child victims. Even though The Juvenile Justice (Care and Protection of children) Amendment Act, 2021 also mentions about engaging such translator etc for helping disabled children, the Act however does not provide much information about the tools and the process of assisting disabled children in conflict with law with the translators and special educators. It is hence to argue that the rights of the disabled children in conflict with law may not be properly acknowledged and executed due to absence of legal guidance regarding usage of specific forensic tools, legal lacunae concerning the assistance of the special interpreters/translators, proper interpretation of their behavior/ communication of such children and their guardians /care givers. As children in conflict with law they may need to arrange for their defense lawyers and interpreters. But in majority of cases such children may not access free legal aid and proper interpreters due to their socio-economic conditions and due to lack of awareness of their parents or caregivers. This paper suggests that better forensic tools for assisting such children, assessing their behavior, their testimony and evidences in trials are needed on the basis of the types of disability. This paper also suggests that the qualification of the interpreters and translators may be revised considering the need of contemporary digital era and misuse of disabled children for commission of crimes.

The Evidentiary Power of Dementia Witnesses in Domestic Violence Cases

The Indonesian criminal justice system often neglects crime victims, relegating them to mere witnesses needed for case substantiation, a consequence of its bias towards perpetrator protection. This disregard extends to vulnerable victims like those with dementia, whose cognitive limitations significantly hinder their courtroom testimony, posing challenges in recalling events and expressing themselves clearly. Consequently, the credibility and evidentiary value of their statements are compromised, exacerbating the social and psychological impacts on dementia sufferers. This research aims to address this issue by examining the evidentiary power of dementia witnesses in domestic violence cases within the Indonesian legal framework, drawing on theories of legal protection and certainty. Employing a normative juridical approach, the study analyzes the role of the Public Prosecutor in the evidentiary process and proposes regulatory frameworks to ensure the fair treatment and protection of vulnerable individuals within the criminal justice system.

Comparison of the Provisions of the Austrian and German Criminal Procedure Laws on Victims with the Hungarian Legislation

Victims are necessary participants in the criminal process, but until the 20th century they were marginalised. Since then legislators have recognised the importance of victim protection. The Council of Europe and the European Union are also striving to regulate victims' rights and to establish minimum standards, naturally with special emphasis on the rights and protection of the most vulnerable victims. The preamble of the Hungarian Criminal Procedure Act treats the increased protection of victims and the enforcement of their rights as a priority objective. In my study, I will compare the provisions of the Hungarian Criminal Procedure Act with the provisions of the Austrian and German laws on victims. I have chosen these two countries for the comparison because the Hungarian legal system, due to its historical traditions is the closest to them. I believe that it is primarily the practice of these two countries that should be examined and compared with Hungarian legislation.

FLOOD VULNERABILITY AND ADAPTATION ASSESSMENT IN PADANG TERAP DISTRICT, KEDAH, MALAYSIA

Padang Terap, Kedah in Malaysia experienced frequent floods, incurring financial losses to the flood victims and the government for flood mitigation. For an effective mitigation strategy, there is a need for a reliable database on the vulnerability and adaptation levels of flood victims. Therefore, this study is important to provide the data. The objectives of this paper are to analyse the factors that cause flood vulnerability and to determine and assess the existing adaptation to flood in Padang Terap. The research utilised a quantitative approach, through a household survey of 680 respondents. The data were analysed using descriptive and crosstabulation tests. The findings show that topography, distance between houses and rivers, and flood relief centres affect the vulnerability of the flood victims. The vulnerability to flood is higher than the adaptation level, implying that the Padang Terap flood victims are still not adapting to flood and prone to losses incurred related to flood.

Refugee women in the media – prevalence, representation and framing in international media coverage

ABSTRACT Are refugee women invisible in the media? Extant media portrayals often make use of stereotypical representations, in that women are represented as vulnerable and passive victims. Within the theoretical frameworks of agenda setting and framing, vulnerability and agency, digital emotion contagion and distant suffering, this study investigates media coverage on refugee women by four popular international news outlets on the basis of their YouTube presence from 2011 to 2021. We applied automated data gathering to extract relevant videos which were manually coded and analyzed. In addition, we applied an automated topic modeling and sentiment analysis. The results are ambiguous but in general reflect existing findings: refugee women are marginalized in media coverage, and their portrayal is often stereotypical presenting them as vulnerable victims. The results highlight the need to sensitize journalists for a non-stereotypical reporting and the broader public for a more critical stance towards media coverage of refugee women.

The Activities of Ritual Killings and the Responses of National Agency for the Prohibition of Trafficking in Persons (NAPTIP) in Fighting Cross Border Human Trafficking in Nigeria

Ritual killings, linked with the complex web of cross-border human trafficking, represent a grim reality in Nigeria's socio-political landscape. This study delves into the nexus between these phenomena, unveiling their interconnectedness and the profound implications for individuals and society at large. Trafficked individuals have overtime been ensnared in clandestine networks of exploitation, become unwitting victims of ritualistic practices aimed at appeasing occult beliefs or fulfilling nefarious agendas. The intricate dynamics of cross-border trafficking exacerbate the vulnerability of victims, facilitating their exploitation and eventual victimization in ritual killings. This study therefore examined the activities of ritual killings, the causes, the efforts and the challenges of National Agency for the Prohibition of Trafficking in Persons (NAPTIP) in fighting cross border human trafficking in Nigeria. The study is premised on Maslow’s Hierarchy of Needs and the Routine Activity Theories. Using a mixed research method and survey design, the primary and secondary data collected were subjected to both quantitative and qualitative analysis. The causes of human trafficking were identified to range from political, cultural to social factors. The efforts of the NAPTIP were discovered to include investigation, arrest and prosecution, integration and rehabilitation while the challenges of NAPTIP were also noted to range from poor resource funding, lack of interagency cooperation and poor intelligence gathering. The study therefore recommends that there should be an interconnected activities in improving the status of NAPTIP in combatting cross border human trafficking in Nigeria.

Better safe than sorry? Police officers’ identification of and responses to vulnerable crime victims

ABSTRACT This study addresses police officers’ identification of vulnerable victims and responses to these victims. Using an Articulated Thoughts in Simulated Situations (ATSS) approach, police officers (n = 51) responded to two scenarios regarding a victim who reported either a property crime or a stalking incident. After hearing each scenario, participants judged whether the victim was vulnerable or not and discussed which they would propose any protection measures. Findings showed that a majority of the participants identified the victim as vulnerable. Participants mainly based their judgements on indicators related to the incident or its consequences. Regardless of their judgement, participants proposed a variety of protection measures. Both this finding and the majority of vulnerability judgements suggest that police officers may act out of the principle of ‘better safe than sorry’.

Victim Care or Defendant Rights? Assessing Public Attitudes towards Special Measures Designed to Support Vulnerable Witnesses at Trial

The introduction of ‘special measures’ within England and Wales (i.e., provisions for vulnerable and intimidated witnesses at court) marked a significant change in legal tradition and trial procedures such that victim and witness care was repositioned as a primary concern alongside the longstanding rights afforded to defendants. As public perceptions towards the legitimacy of criminal justice procedure remain a key concern among legal scholars and social scientists, this study aimed to examine individual differences in attitudes held towards the rights afforded to complainants and defendants within English courts. Adopting a cross-sectional study design, 114 UK adults were recruited to take part in an online survey. Questions centered around the importance of providing adequate witness care whilst protecting defendants’ rights to a fair trial. A new measurement tool was developed to allow these attitudes to be systematically assessed and understood, termed the Attitudes Towards Vulnerable Victims Scale (ATVVS). Results indicate that respondent age, gender, level of education, and belief in a just world are important determinants of public support for the use of special measures at trial as well as perceptions towards complainant and defendants’ rights. Taken together, findings indicate that misconceptions about vulnerable victims appear to underlie a lack of support for the use of special measures.

Epistemic Violence and Colonial Legacies in the Representation of Refugee Women: Contesting Narratives of Vulnerability and Victimhood

AbstractThe traditional drafting and subsequent implementation of international refugee law have been criticised for relying on a male-centric understanding of persecution. Whilst this framework has recently shifted to include a more gender-sensitive interpretation, I argue that this introduction of gender within refugee status determination has traditionally relied on narratives infused with gendered and racialised stereotypes. In particular, it relies on a ‘white saviour’ colonial narrative that perceives refugee women as vulnerable victims in need of saving. Drawing on a decolonial and critical epistemological analysis that includes both a race and gender dimension, I unpack the epistemic violence and hidden colonial legacies in the representation of refugee women in case-law. Ultimately, this article concludes with a call for reframing the legal narrative around refugee women by approaching them as political actors rather than oppressed and vulnerable subjects.

Algorithmic Transparency, Manipulation, and Two Concepts of Liberty

As more decisions are made by automated algorithmic systems, the transparency of these systems has come under scrutiny. While such transparency is typically seen as beneficial, there is a also a critical, Foucauldian account of it. From this perspective, worries have recently been articulated that algorithmic transparency can be used for manipulation, as part of a disciplinary power structure. Klenk (Philosophy & Technology 36, 79, 2023) recently argued that such manipulation should not be understood as exploitation of vulnerable victims, but rather as indifference to whether the information provided enhances decision-making by revealing reasons. This short commentary on Klenk uses Berlin’s (1958) two concepts of liberty to further illuminate the concept of transparency as manipulation, finding alignment between positive liberty and the critical account.

A Criminological Perspective on the Sexual Victimization of Older Adults.

This review presents recent research on the sexual abuse of older adults and examines this phenomenon from a criminological perspective. Much of the previous work has neglected to consider the entirety of the crime-commission process. Therefore, the work highlighted in this review showcases important information regarding the individual who committed the crime, the victim, and the criminal event as a whole. Comparative studies suggest that the motivations of people who commit sexually victimize older adults are vast and can include those that are sexually and anger motivated, while the victims present with unique vulnerabilities, such as disabilities and spending most of their time at home, that make them more susceptible to excessive violence. People who commit sexual abuse against older adults are a heterogenous group, and the context of victim vulnerabilities is key to understanding why they are targeted. Specific prevention and investigative practices can be formed to better address this crime and protect older adults from future victimization.

The Urgency of Restorative Justice Regarding Customary Criminal Violations: Harmonization Between Customary and National Criminal Laws

<p class="TableParagraph"><em>Indonesia is rich in cultural and traditional diversity, including a variety of customary laws in different regions. Conflict often arises between customary laws and national criminal laws. Restorative Justice is an important approach to resolving this conflict, with a focus on reconciliation rather than punishment. This research aims to understand the implementation of Restorative Justice in the Indonesian context, identify its positive and negative impacts, and contribute valuable insights to international discussions on legal conflicts in culturally diverse societies. Normative legal research methods and document analysis are used for this study. The findings suggest that the implementation of Restorative Justice in resolving violations of customary criminal laws in Indonesia has the potential to enhance harmony between customary and national criminal laws. Necessary steps include establishing a dedicated restorative justice judicial system, involving local communities, fostering collaboration between authorities of customary and national criminal laws, and conducting extensive public education. However, it is crucial to consider both the positive outcomes, such as community relationship restoration and reduced burdens on the criminal justice system, and the negative impacts, including potential justice disparities and implementation challenges. Therefore, the integration of restorative justice needs to be carefully aligned with principles of justice, respect for customary culture, and the protection of the rights of vulnerable victims and offenders.</em></p>

Open Season: The Targets of Dobbs

ABSTRACT Dobbs v. Jackson Women’s Health Organization took the unprecedented step of revoking a constitutional right that citizens had relied upon for half a century. The opinion created a legal chaos with no clear answers to medical crises. It also targets victims who are particularly vulnerable due to financial, medical, or legal constraints. This article examines what groups have become legal targets in the wake of Dobbs, including medically compromised patients, the intellectually disabled, immigrants, and doctors. Also discussed are those who cause abortion but have not been targeted by Dobbs (such as biological fathers and criminals who commit acts of rape or incest). A discussion of who is doing the targeting examines officials acting in a law enforcement capacity and “civilians” who have financial incentives to target vulnerable victims. Recommendations are made for effective abortion policy.

Psychological Peculiarities of Interrogation Tactics of Vulnerable Victims in Criminal Proceedings

Psychological Peculiarities of Interrogation Tactics of Vulnerable Victims in Criminal Proceedings

Empirical Analysis of Court Cases on Sexual Violence in Malaysia

Women and children suffer sexual violence despite the harsh punishment in Malaysia under the Penal Code of Malaysia and the Sexual Offences Against Children Act 2017. Statistics from the Malaysian Royal Police show that sexual offences cases are on the rise. However, not all cases result in a guilty verdict in court. Using purposive sampling, this research conducted a qualitative doctrinal analysis of cases from 2013 to 2023 which have been decided by the courts and published in law journals. The objectives of this research are firstly, to examine how women and children become victims of rape and sexual violence; and secondly, to examine the obstacles faced in convicting the accused. It is found from the published articles that vulnerable victims fall prey to the perpetrator’s deceit, threat or promises. Failure to promptly report the crime, failure in preserving evidence of sexual violence, and creating common mistakes in court are hurdles in convicting the perpetrators.