Understanding Secondary Victimization in the Criminal Justice System

1. The Concept of Secondary Victimization

In contrast to primary victimization, which refers to the direct consequences of being a crime victim, secondary victimization derives from the relationship between the victim and the criminal justice system. The system itself can create secondary victimization, leading to numerous drawbacks for the individual.

2. Drawbacks During the Police and Judicial Stages

• Police Interaction: Victims often face inattention, long waiting hours, hostile interrogations, and a lack of clear information.
• Legal Proceedings: The justice system is frequently slow, characterized by hostile questioning, lack of information, and the fear of confronting the perpetrator.
• Economic and Social Impact: Victims may face financial burdens when claiming compensation, workplace conflicts due to rigid operating hours, and family-related issues that are often ignored by the system.

Legal Protections: Organic Law 19/1994

Organic Law 19/1994, of December 23, provides for the protection of witnesses and experts in criminal cases. Judges must assess risks and may implement measures such as:

• Preserving identity, address, and workplace details.
• Allowing testimony without visual contact with the accused.
• Providing a quiet environment for testimony.
• Transporting witnesses to court in official vehicles.
• Fixing a domicile at the court.
• Preventing photography or sketching.
• Providing police custody.
• Offering new identities or economic support.

3. Reluctance of Victims to Report Crimes

1. The number of reported crimes is very low compared to the actual "dark number" of criminal activity.
2. Only 30% to 40% of total crimes are formally reported.
3. 90% of crimes brought to police attention are initiated by the victims themselves.
4. Most reported cases do not result in convictions.
5. Even when convictions occur, the majority of offenders are declared insolvent.

4. Factors Favoring Crime Reporting

• Compensation: Seeking restitution for damages suffered.
• Support Programs: Access to victim assistance services.
• Prevention: Avoiding future victimization of oneself or others by the same perpetrator.
• Justice: The desire for legal resolution.
• Civic Duty: The belief in upholding justice.
• Retribution: A simple desire for revenge.

5. Factors Discouraging Crime Reporting

• System Distrust: A feeling of personal powerlessness and lack of confidence in the police.
• Psychological Impact: Fear, anxiety, self-blame, and internal attribution.
• Secondary Victimization Fear: Anticipating further trauma from the system.
• Retaliation: Fear of the assailant, their relatives, or accomplices.
• Dirty Hands Syndrome: Victims who are also offenders.
• Marginalization: Membership in minority or deviant groups leading to discrimination.
• Personal Ties: Existing relationships between the victim and the perpetrator.