The Interests and Responsibilities of Victims

Victims are central to a restorative response to crime because of its emphasis on repairing the harm caused by crime. This means that they have a number of interests, or rights, to assert. They also have some responsibilities.

Victims and their communities of care experience harm in one or more of several ways in the course of a crime and its aftermath. 

  1. Personal Harms. These are the material, physical, emotional, psychological, and/or spiritual injuries experienced by victims and their communities of care.
  2. Relational Harms. These are the injuries to the relationships between and surrounding victims, their communities of care and the surrounding community.
  3. Ethical and Moral Harms. These are the harms resulting when norm violations lead to losses of trust in fellow citizens and in authorities.

Government and community responses after crime may compound or relieve the injuries suffered in the course of the crime. A restorative response should relieve the injuries and minimize the likelihood of new injuries. Therefore, victims and their supporters are given a genuine voice in creating and monitoring RJ City processes.

The Interests of Victims

Victims and their communities of care have an interest in receiving the following to the fullest extent possible:

  1. Resolution. For the victims and their communities of care, resolution takes place as the personal, relational and ethical/moral harms are recognized and addressed.  Three major dimensions of resolution are vindication, participation, and reparation.
    1. Vindication. Victims and their communities of care have an interest in having the wrongdoing identified and redressed. Among other things, this means that:
      1. Victims and their communities of care are given the opportunity to mould a resolution that identifies the wrong that was done to them, the harms that resulted, and the steps to be taken to redress the wrong and repair the injuries.
      2. Victims and their communities of care are given the opportunity to discuss the harm done to them and how that harm can be addressed.
      3. Victims are given the opportunity to decline to participate in seeking an agreement in a cooperative process.
      4. Victims are given the opportunity to present evidence and legal arguments in adjudicative processes that will affect their right to compensation and protection from future harm.
      5. Victims and their communities of care are treated as whole persons, not as being defined by what happened to them. .
      6. Victims are always treated with respect and consideration.
    2. Participation.  Victims and their communities of care have the opportunity to participate to the fullest extent possible in how the crime is dealt with. Among other things, this means that:
      1. Responses to crime give time and opportunity for victims to talk about their experience during and after the crime.

      2. Responses to crime give time and opportunity for victims to ask questions and receive answers about the offender’s behaviours and intentions before, during, and after the crime.

      3. Victims are never coerced into participating in cooperative processes. In adjudicative processes, coercion is used as minimally as necessary and only when the societal need for a resolution is high.

      4. Victims and their communities of care are given ample and clear information to allow them to make decisions about their options within resolution processes.

      5. Responses to crime are structured in order to facilitate victims’ participation to the fullest extent possible.

      6. To the extent possible, victims are allowed to participate in deciding what steps will be taken in response to the crime they experienced.

      7. Victims are allowed to participate fully as parties of interest in the adjudicative processes, including through use of attorneys, to protect and pursue their right to reparation and protection from future harm.

      8. Victims are given the opportunity to appeal adverse rulings in adjudicative proceedings involving their cases.

      9. Obstacles to participation are addressed by, for example, giving rides, employing a translator, providing legal advice, etc.

      10. Victims are always treated with respect and consideration.
    3. Reparation. Victims’ harms and suffering is repaired as much as possible
      1. Victims are entitled to seek amends from the offender to compensate for the harms suffered.
      2. Victims and their communities of care may need immediate and/or longer-term assistance from the community, the government, or both. The services and resources necessary to assist them in recovering from the crime are made available to them.
      3. Victims are given the opportunity to veto any agreement made in a cooperative processes, and to present evidence and legal arguments in adjudicative processes that will affect their right to compensation and protection from future harm.
      4. Victims are allowed to participate fully as parties of interest in the adjudicative processes, including through use of attorneys, to protect and pursue their right to reparation and protection from future harm.
      5. Victims are always treated with respect and consideration.
  2. Reintegration. Reintegration for victims and their communities of care comes when the personal and relational harms have been sufficiently addressed that they are able to serve as contributing members of their communities. Victims and their communities of care have an interest in support and assistance in the aftermath of crime and during the resolution processes that follow it. Among other things, this means that:
      1. Victims and their communities of care may need immediate assistance from the government or community (e.g., crime scene clean-up, sympathetic listeners, emergency financial assistance, etc.).  Longer-term needs may include long-term counselling, medical treatment, recovery of stolen property, and vocational training.  The services and resources necessary to assist them in recovering from the crime are made available to them.
      2. Victims and their communities of care are given information about and referrals to services that will assist them in recovering from the crime
      3. Every effort is made to enable victims to participate in resolution processes. Examples include giving rides, providing child care, holding sessions at locations convenient to the victims, offering legal assistance, and so forth.
      4. Victims are always treated with respect and consideration.
  3. Prevention. Steps may be taken that may increase the safety of victims and their communities of care (e.g., securing a house that has been broken into, information about crime prevention, and police protection when necessary). Victims and their communities of care have an interest in being safe in the aftermath of their crime and during the resolution processes that follow it. Among other things, this means that:
      1. Every effort is made to protect victims and their communities of care from further harm.
      2. Every effort is made to ensure that victims and their communities of care are physically and emotionally safe while participating in resolution processes.
      3. Every effort is made to accommodate any safety concerns that victims and their communities of care may have in the aftermath of crime and during the resolution processes.
      4. Victims and their communities of care are protected from intimidation and from retaliation for participation in resolution processes.
      5. Victims always are treated with respect and consideration.

Because some needs are best met when offenders are willing and able to be directly involved, victims and their communities of care have an interest in being able to participate in restorative encounters during which they can discuss the crime, the harm done by it, and ways to respond to that harm.  This allows victims to gather information about the crime and the offender, to express how they have experienced the crime and its aftermath, to determine the harm done, and to establish appropriate responses to that harm.  It may also help victims feel safer when offenders express remorse and a commitment to change.  Victims may also experience vindication when offenders take responsibility for the crime and commit to repair the harm done. 

When offenders are unavailable, unable, or unwilling to participate in a direct or indirect encounter with their victims, or when victims choose not to meet or communicate with their offenders, some of these interests may be pursued using other cooperative processes. Examples include meetings with surrogate offenders, support and assistance by their communities, and assurances by their communities of care, communities, and government of the wrongness of the crime. Further, victims’ interests may be pursued in adjudicative processes through invitation to full participation, and through the opportunity to present evidence, to request reparations, to make victim impact statements,, and to appeal adverse rulings.

Many of the harms suffered by victims cannot be remedied by offenders. In those instances, the needs of the victims are addressed in other ways, with costs borne by the government, community, and/or offender to the greatest extent possible.

The Responsibilities of Victims

In addition to their interests, victims and their communities of care also have responsibilities in a restorative process

  1. Respect. Victims and their communities of care have the responsibility to treat others with respect and fairness. Respect means regarding all people as worthy of consideration, recognition, care and attention simply because they are people.
  2. Restraint. Victims and their communities of care have the responsibility to refrain from retaliation or vigilante justice.
  3. Non-hindrance. Victims and their communities of care have the right to choose not to participate in the search for a constructive solution, but also have the responsibility not to hamper the search by others for such a solution.

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