Student no

Student no.2015008176
CRIM 2724-Victimology Assignment
Due date: 28 September 2018
Student: Boipelo RammusaLecturer: Zayne Mintoor

Table of Contents
Introduction………………………………………………………………………2
Historical overview of Victimology…………………………………………2
Paradigms and paradoxes in Victimology………………………………….

Positivist Paradigm…………………………………………………………3
Radical Paradigm………………………………………………………….3
Critical………………………………………………………………………4
Theoretical approaches in Victimology…………………………………….

Lifestyle model………………………………………………………………4
Routine activities model……………………………………………………5
Opportunity model…………………………………………………………5
Victimological case study…………………………………………………….5
Analysis……………………………………………………………………6-7
Conclusion…………………………………………………………………8
Bibliography…………………………………………………………………8-9
1. Introduction
According to Kirchhoff (2010), in the historical overview of victimology, ‘it is not possible to state the exact moment of origin of victimology’. Yet, according to Peacock, the study of Victimology is a relatively a young discipline area, that seeks the genesis of victimisation not in the background and characteristics of the offender as in the case of traditional criminology but in the complex model of interactions. The label “victim” is placed in a broader framework of social construction and the way society is built up. The main focus is to give an explanation of different theories of victims and victimology and illustrate with a specific example of a victimological case study which can be applied to the theories and paradigms.

Historical overview of Victimology
The evolution of victimology has evolved from the ancient times to today. This has developed over the years in terms of, the earlier principles of Nectar Maat which embodies principles of Ubuntu. The values that is truth, justice, proprietary, harmony, balance, reciprocity and order. The purpose of justice in traditional Africa was to restore harmony as quickly as possible, and in the community, therefore Africa was not a lawless continent before colonisation. According to Keevy (2008), ‘African law differed profoundly from the European powers.’ Now, the protection of innocent was a key feature of traditional African law, followed by restitution to the aggrieved person/group in the sense of shame the community rendered to infractions.

As of a Western perspective, law had been codified and Codex of King Hammurabi. According to Kirchhoff (2010: 99), The king prided himself as the ‘Shepard of the oppressed and of the slaves, who cared that the strong cannot harm the weak.’ If the offender was not caught, the authorities were liable for any loss incurred due to robbery (Rule 27). During the ancient times of code of Ur-Nammu, highlighted that restitution to the victim was supposed to be made by the offender. The development from this definition is that from the middle ages the autocrat system had already taken place, and crime meant good governance by the King himself.
A European point of view, a victim is meant the role of a victim was reduced to that of simply a witness with nothing other than mere subsidiary function while the state pursued punishment. Enrico Ferri found that ‘retribution needed to be substituted by ‘positive’ actions, namely crime prevention and compensation to the victim.’
2. Paradigms and paradoxes in Victimology
A Positivist paradigm is summarized according to Miers (1989:3) as identification of factors which contribute to a non-random pattern of victimisation, a focus on an interpersonal crime of violence, and a concern to identify victims who may have contributed to their own victimization. The positivist paradigm would mostly blame victims for their own victimisation. In most cases the paradigm will explain what is a victim and who identifies the victim. In positivist paradigm, the person becomes a victim because the goal to maintain rules of law and order in society which presupposes that society is inherently evil, people are crimogenic and crime surveys show. A person becomes a victim at the expense of their actions of a person that becomes a victim. Criticism of this paradigm is that the responsibility of the State for crimes committed by the State itself should be questioned. The paradigm is used by the ruling class to enforce order and control. Although, there continues to exist initiatives such as the victims of crime survey (VOCS), scientifically designed to measure the perceptions and experiences of victims of crime in relation to the nature, extent, and patterns of crime, others have been manipulated for reasons known to the ruling class, such as the TRC Commission. There continues to be a reproduction of victimisation. A definition of victim is created and one has to qualify for the position, which in essence is a form of dehumanisation. A society of victimhood is created, without critically analysing the continuous reproduction of victims in the world. Therefore, the aim social assistance is a call for the government to impose harsher penalties, and prison sentences on offenders.

In a reaction to the positivist, radical paradigm interrogates the role of the state on its impact in defining the social construction of the victim-offender relationship. Similar to the inability to form an exact definition of a who is a victim, radical victimology makes visible the power relations that underpin those perceived as victims and tries to define ‘a crime’. Consequently, radical victimology identifies who is perceived to be a victim in society for example, Prisoners of Conscience. Also known as people who were restricted because of their political affiliations yet remained humble to African victimology that encompass values of Ubuntu as a universal personhood and that seeks to effectively address the dehumanising conceptions of victimhood. Together with hidden victimisation in society by the Western criminal justice system and the paradigm is divided into two. Firstly, there is the heroic paradigm of which are fearless and brave people who place the burden of fighting oppression upon themselves for the liberation of others. Example, the fight for human rights and a democratic society. Their opponents are often inhuman and oppressive entities which are authoritative in nature, however heroic victim’s mandated activities and movements are covered all over including international boundaries such as conventions. Examples are Nelson Mandela, and Steve Biko (2007: 167), who held a belief for restorative approach that is relevant to give to humanity or “a more humane face”. Secondly, there pathetic victimology where victims demonstrate signs of weakness, or forms of helplessness and suffering in order to be assisted. Similar to the heroic, a person has to be innocent to be declared a victim, and innocent of any crime. An example of pathetic would be where women subject to violence by men.

Contrary to the arguments above, is the critical paradigm, which basically is a reaction to call paradigms. a person becomes a victim by particularly the “labelling” process that criminal justice system uses to inappropriately put more weight on victimisations than others. The paradigm endorses less harsh, more social approach to criminal procedure and considers the major challenges people face in society while questioning. This paradigm is as a reaction to all paradigms. It was critiqued because the principle does not provide a substitute or practical solution to victimological situations. The paradigm acts within boundaries of conventional law and views the labelling process as a consequence of the criminal justice system.

3. Theoretical Approaches in Victimology
From a “victim perspective”, in comparison to criminology, the leading theoretical approaches in the field of victimology are namely the lifestyle/exposure model approach and the routine activities theory (Saporano, 2009:254). ‘According to the lifestyle model the likelihood of victimisation depends on lifestyle and that any change to the routine activities of an individual or groups of individuals, whether potential victims or of wrongdoers, is sufficient to decrease exposure to risk and provide opportunities for victimisation’ (Hindelang, Gottfredson ; Garofalo,1978). Important elements are demographic characteristics such as an individual’s age, ethnicity, gender etc. Thereafter, role expectations which are closely related to, structural constraints and adaptations, lifestyle, exposure and associations. According to Hindelang et al. (1987: 241), “lifestyle” refers to routine daily activities both vocational and leisure. A person will be victimised when three or more of the elements are met or according to Hindelang’s model. Overall, the importance of the model and its relevance in society is that it can be applies to any age, gender as people go about busy with their routine activities.
The routine activities approach, a person becomes a victim because of work-related or leisure activities. A person becomes a victim because the three elements are met, of which are absence of a capable guardian(protection), a suitable target and a motivated offender and that is in inherently how a person becomes a victim. Criticism of this model is that, according to Cohen and Felson (1979, 605) “It is ironic that the very factors which increase the opportunity to enjoy the benefits of life also may increase the opportunity for predatory violations.”
The opportunity model approach creates a victim through five identifiable factors that play a role in probability of victimisation, namely exposure, guardianship, proximity of potential offenders, attractiveness of potential targets and properties of specific offences. Criticism of the model is that not sufficient emphasis is put on the demographics such as age and gender, and exposure is put to the forefront, which may not always be the case as not a lot of victims are exposed to for example pubs. However, the theoretical models will further be discussed and supplemented with examples from the case study that follows.

7. Victimological case study
Mary
Mary was born and grew up in Nigeria. After her mother’s death, Mary was forced to move to the country’s capital in order to make some money. It was there that she met Tony. He told her he could offer her a good job in England. Tony organised her plane ticket, and they both left for the UK. Hours after her arrival, Mary was taken to what appeared to be a house. It was actually a brothel. She was then forced, under threat, to have sex with men who paid money to Tony. Before Mary even realised she had been deceived, she was trapped. For many months she was locked in her room and forced to have sex with as many men as Tony dictated – often up to ten or 12 men a day – and she was never allowed to say ‘no’. After some time, Mary fell pregnant. When Tony found out he was furious; he attacked Mary and tried to abort her baby by force. These attempts were not successful. One evening after this ordeal, Tony and his friends had a party at the brothel. Mary took her chance to escape and, with the men too drunk to notice, fled the property.

Paradigm:
Positivist paradigm: For Tony to not have felt any sympathy for Mary after losing her mother, and a source of income, alludes to the fact that people are criminogenic in nature and they should be punished heavily for the crimes they commit. Although the paradigm advocates that victims are to blame for their own victimisation, mostly in cases such as Mary’s her only wrong is believing someone to help take her out of her situation and act as a parent or guardian as she no longer has one. In a society with men such as Tony, criminal law rules are required to be enforced to deal with the perpetrators and maintain law and order for the well-being and reduction of victims in society.
Radical paradigm, specifically pathetic: Mary is a female, and the paradigm depicts the subjective view-point of feminists who say the women are subjected to violence by men. Her pity is that she was never allowed to say no when Tony dictated that men sleep with her and being helpless and weak is often the characteristic of this paradigm. Tony as a male should be heavily penalised, however the implementation would have to rely on patriarchal institution. She is innocent and does not deserve her treatment, yet because she is helpless she is subjected to Tony’s brutal violence for example when he attacked Mary and tried to abort her baby by force, after finding out she was pregnant.
Theories:
Routine Activity: Mary was a suitable target because she was female and young and she had no guardian as her mother past away. Because of structural constraints she was a suitable victim because she had no money and ‘forced to move to the country’s capital to make more money.
Tony was a motivated offender because he knew that her mother had recently passed on and she was desperate to make an income for her survival. He knew she would do anything and he lied to her about a ‘good job in England’.
Absence of a capable guardian means that as much as it was not by choice that Mary looks for work, her mother is not present to care for her and protect her from such people like Tony.

Opportunity model: They both live in the same residential area or both from Nigeria and the fact that they both left for the UK, puts her in close proximity with her offender. Since the victim and the offender live in close proximity to each other, Tony may have learnt that Mary’s mother had passed away and her current situation or whereabouts which makes a victim more vulnerable to crime. Because Tony bought her a plane ticket and the two flew from the UK to Nigeria, indicates that Tony was preventing Nigerian officials from guardianship of Mary, and took her to a place where she will not be guarded because of her non-citizenship. Mary is female and young which makes her target attractiveness and Tony will exploit that to his advantage which makes her at greater risk of victimisation.
Differential risk model: Victimisation depends on available opportunities and Tony saw an opportunity because Mary had no guardian and she was a potential target. As well as the fact that she needed to make money. The risk factors vary and the probability of being victimised is high because of socio-demographic factors such as age, same residential area and absence of guardianship. Mary is young, lives in Nigeria where Tony lives and her mother has died. The living conditions in Nigeria are densely populated and suitable for a motivated offender and the environment creates a greater risk of girls like Mary being victimized by males such as Tony. Although Mary may have not been subject to a high level of exposure such as high-risk environments, she had come into contact with offenders as she was used for sex in a brothel. Because Mary was female, made her powerless to the men who raped her and the money was not given to her but it was given to Tony which deprived her. Tony, because he is made him dominant and affected her structural proneness.
9.Conclusion
Victimological research continues assists researchers and acts as a ‘mouth-piece’ to victims, offender, potential offenders and the public to serve as a platform for human dialogue. According the Bill of rights in the Constitution, section 10(1) provides that everyone has the inherent right to dignity and the right to have their dignity respected and protected. Consequently, in the world we live in today, some people are victims of vicious crimes. Ordinary people such as Mary, have to be regarded as heroes or commended for escaping their victimisation. They are heroic victims because in the midst of brutal violence she was courageous and managed to escape and resisted subjugation of a particular social group.
10. Bibliography
Peacock, R. 2013. Victimology in South Africa: some concluding remarks. In Victimology in South Africa. 2nd Ed. Edited by Peacock, R. Pretoria: Van Schaik Publishers, Chapter 1: 4-9.

Saponaro, A 2013. Theoretical approaches and perspectives in Victimology. In Victimology in South Africa. 2nd Ed. Edited by Peacock, R. Pretoria: Van Schaik Publishers, Chapter 2: 12-16.

Artz, L; Smith, D. 2013. South African Law and policies supporting victims’ rights. In Victimology South Africa. 2nd Ed. Edited by Peacock, R. Pretoria: Van Schaik Publishers, Chapter 4: 47-50.

Modern slavery and human trafficking case studies. Mary. Online available at https://www.cheshire.police.uk./advice-and-support/modern-slavery-and-human-trafficking/modern-slavery-and-human-trafficking-case-studies/
Accessed on 23 September 2018.
The Constitution of the Republic of South Africa 1996, Bill of Rights.

Statistics South Africa 2017/8. Victims of Crime Survey. 2016/2017. http://www.statssa.gov.za Accessed on 22 September 2018.

Steyn, J. Assessing the extent and nature of victimisation in South Africa. In Victimology in South Africa. 2nd Ed. Edited by Peacock, R. Pretoria: Van Schaik Publishers, Chapter 3: 36-37.

South African Law Reform Commission, Trafficking in Persons Report, available on the Department of Justice and Constitutional Development website, at http://www.justice.gov.za/ Accessed 23 September 2018.

Bruce, D. 2013. Challenges of the criminal justice system addressing the needs of victims as witnesses. In Victimology South Africa. 2nd Ed. Edited by Peacock, R. Van Schaik Publishers, Chapter 6: 109-110.

Rothe, D.L. 2013. An international criminal justice system for victims? The situation at the international Criminal Court. In Victimology in South Africa. 2nd Ed. Edited by Peacock, R. Pretoria: Van Schaik Publishers, Chapter 20: 288-289.

United Nations Office on Drugs and Crime, Human trafficking FAQs, available at http://www.unodc.org/unodc/en/human-trafficking/faqs/html. Accessed on 23 September 2018.
Segrave, M. 2013. Human Trafficking with a focus on Africa. In Victimology in South Africa. 2nd Ed. Edited by Peacock, R. Pretoria: Van Schaik Publishers, Chapter 15: 233-234.