Introduction:
The term ‘secondary victimisation’ refers to the act of blaming the victim of a crime as opposed to the perpetrator of the crime, as well as the psychological effects that are imposed upon them due to the criminal proceedings and in turn, reflecting the original trauma the crime caused (McGarry & Walkate, 2015). This blog will discuss the factors of secondary victimisation and the repercussions that can be felt by the victims through the specific failings of the Criminal Justice System and fellow governing bodies. Reference to the Rotherham case will also be made to illustrate the key findings of secondary victimisation. The treatment of the victims will also be analysed through the Criminal Injuries Compensation Authority (CICA).
Rotherham Case Overview:
Between 1997 and 2013 around 1,400 young woman and children had been abused in the Yorkshire town. Many of these young woman and children were already known to authorities for abuse and neglect (Dearden, 2018).
A report by Alexis Jay exposed palpable failings by the police and in the Labour local council where the officials at the time had feared being labelled racist as the suspects were of Asian descent (Jay, 2013). After several years of reports to the authority and after them considerably underplaying the scale of the case, 5 men were jailed for sexual offences against girls in 2010. This case then became the forefront of public attention and media, due to the prominent failings by the police and the government on the behalf of the victims.
The Criminal Injuries Compensation Authority
In the past, the focus of the Criminal Justice System has been on the offender rather than the victim. Dignan (2005) described the approach to victims at best by neglect and at times by insensitive treatment (Newburn, 2013,368). This has since improved over the years and victims can now claim compensation through organisations and services, such as; victim compensation schemes and victim support. Policies have also been developed regarding the types of treatments victims can receive, however there are still many issues that need to be addressed and resolved such as CICA’s victim blaming discourse and the police inconsistencies in supporting and informing victims on case updates (Newburn, 2013).
Source (EuroNews, 2012)
CICA was devised as the first official recognition of victims in 1964 which was followed by judicial authorisation in 1995. Despite the move forward of penal reform, the scheme is riddled with injustice in many aspects (Newburn,2013). The scheme operates under three strict conditions which are, the results of the injuries and the severities of the trauma committed from the crime, but also the victim’s participation to the crime, this is where the flaws start to emerge (Newburn,2013). An award granted by CICA can be voided at any time if the victim’s actions at any point prior, throughout or post-crime such as aggression is found. Awards can also be refused due to the characteristics of the victim, whether it be previous convictions, or having an association with the perpetrator (Newburn, 2013).
The policies of CICA can automatically be criticised as they are set-up to fail specific groups of victims, particularly those of Rotherham. Specifically, Sammy Woodhouse a victim of Rotherham, who was sexually abused at the age of 14 was denied her application for compensation as she was told she was not manipulated by her captives and that CICA insinuated that she had given consent, despite the weight of her evidence leading to a conviction of a prominent gang leader (Haliday, 2017) This is a prime example of secondary victimisation and is one of the biggest causes of the dark figure as it creates a lack of trust between authorities and victims, thus discouraging the victims to come forward in fear of becoming stigmatised, as mentioned in Blog A.
Source (TheTimes,2018)
Essentially, CICA assess an individual based on their moral worth (Newburn: 2013; 359) according to victim hierarchy informed by positivists which thereby leads to secondary victimisation, not simply in a financial sense but a more emotional sense. The original emotional trauma is aggravated by the dissatisfaction which results from the disbelief and lack of recognition from an ordeal by the State and the Criminal Justice System. Again, suggesting victim blaming discourse functions as an ideology (Refer to Blog A) perpetrated by those of a high societal status as an individualistic approach to understanding crime, effectively ignoring or denying the role of criminogenic social structures (Greenberg & Humphries, 1982).
Source (Bu.Edu, 2017)
Sarah Wilson (Discussed in Blog A) had also experienced secondary victimisation through negligence and lack of communication with the police. During the Rotherham scandal, the police had failed to inform Wilson of updates and evolving information regarding the investigation, she had only found information regarding her case through social media and news broadcasts (Wilson, 2015). The most prominent of her findings were the names of the convicted and suspected perpetrators. In society, the police are regarded to have high social status and respect among the community and along with this, obligations are expected to be met in ensuring that they inform victims of crime personally and not to apply secondary victimisation upon them.
Improvements Made to the Criminal Justice System
The failings of the Criminal Justice System surrounding Rotherham has encouraged developments by improving the protection and support of victims through the following projects and schemes. Risky Business, who are group of youth workers who had contact with vulnerable victims and they also provide knowledge and support for those affected by their victimisation. This organisation was built upon a foundation of trust with the victims of Rotherham. Risky Business also devised the plan known as ‘Operation Central’ which was co-worked with the police in order to convict the first offenders (BBC, 2015). Another step forward would also be if the law created by Sammy Woodhouse, known as Sammy’s Law is passed by judicial authorisation, will pardon victims of abuse from crimes they committed whilst being abused (BBC, 2015). Sammy has stated that due to her having a criminal record, it has prevented her from moving forward in life. Sammy has received support from Police Chief, Simon Bailey who calls for a law that will potentially expunge the criminal records of child grooming victims and would provide reassurance that their crimes will no longer impact on their future (Halliday, 2018).
The Modern Slavery Act (2015) has also been updated to be used as a defence by victims who have committed crimes when they were groomed or sexually exploited. The Modern Slavery Act can now expunge low level crimes( Gov.Uk, 2015).
Conclusion:
The aim of this blog was to highlight and analyse the factors of secondary
victimisation and its effect on victims. The blog has highlighted the failings
of CICA and the governing bodies in protecting those most vulnerable. Overall,
the conclusions that can be gathered from this blog is how influential the
victim blaming discourse can have on the social responses of the criminal
justice professionals and victim support providers. In order to maintain a
balance of trust between victims and authoritative justice figures and that those
who work in the penal process requires a positive work ethic with a genuine
interest of the victims. This needs to be prioritised to ensure effective and
reliable services are met so that the incidents of Rotherham are not repeated
in future sexual grooming cases.
References:
BBC News. (2015). Rotherham abuse: Key dates. [online] Available at: http://www.bbc.co.uk/news/uk-28955170 [Accessed 09 Mar. 2019]
Bu.Edu (2017) Isolation [Online] Available from: http://sites.bu.edu/ombs/2017/03/26/isolation-why-we-need-others-to-function/ [Accessed 28.03.19]
Dearden, L. (2018). Child grooming victims will not be refused compensation because they ‘consented’. [online] The Independent. Available at: https://www.independent.co.uk/news/uk/crime/child-grooming-victims-compensation-consent-sexual-exploitation-new-guidelines-moj-justice-a8030176.html [Accessed 14 Mar. 2019].
EuroNews (2012) Dont Forget The Victims [Online] Available from : https://www.euronews.com/2012/09/03/crime-victims-the-lonely-struggle [Accessed 27.03.19]
Gov.UK (2015) Modern Slavery Act 2015 [online]. Available from <http://www.legislation.gov.uk/ukpga/2015/30/contents/enacted [Accessed 30. Feb. 2019]
Greenberg, D.F., and Humphries, D. (1982) ‘Economic crisis and the Justice Model: A sceptical view’ Crime and Delinquency 28, 601 – 609
Halliday, J. (2018) ‘Police back ‘Sammy’s law’ to pardon crimes of grooming victims’. The Guardian 03 October 2017 [Online]
Available from <https://www.theguardian.com/uk-news/2017/oct/03/police-chiefs-back-calls-uk-law-protect-grooming-victims>
Jay, A. (2013). Independent Inquiry into Child Sexual Exploitation in Rotherham. Rotherham: Rotherham Metropolitan Borough Council.
McGarry, R. Walklate, S. (2015) Victims, Trauma, Testimony and Justice, Routledge, London
Halliday, J. (2017) Compensation body told Rotherham abuse victim she ‘consented’ [online] Available at: https://www.theguardian.com/society/2017/sep/11/compensation-body-told-rotherham-abuse-victim-she-consented [Accessed 22 Mar. 2019]
The Times ( 2018) Sammy Woodhouse [Online] available from: https://www.thetimes.co.uk/article/sammy-woodhouse-he-was-prince-charming-when-he-raped-me-i-felt-like-it-was-my-fault-pkwx3js6j [Accessed 19.03.19]
Newburn, T. (2013), Criminology, Second Edition, Routledge, London
Wilson, S. (2015). Violated. London: Harper Element.
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