International Journal on Criminology Volume 2, Number 1, Spring 2014 | Page 61

The Impact of Victimological Theories on the Rights of Crime Victims in France
services. Although most are competent in
their own area of expertise, they still need to
be given greater awareness of the criminal
issue (in initial and continuous training), on
site and behind the scenes of the crime. The
complexity of human behaviors, particularly
aggressive behaviors, means that in order
to understand, take into account, and meet
the needs of those involved, it is necessary
to have the most up-to-date knowledge in
criminology and victimology. Complementarity
between the various professionals is
a real asset, as long as each of them offers
their expertise without confusion between
roles. The integrated coming together of responses
to the victim’s needs consolidates
their recognition and improves reparation.
No professional confidentiality should be
allowed to cover the failure to assist a person
who is in danger, especially where such assistance
will benefit the victimized person.
This makes it absolutely necessary to include
criminology in the university training
of teachers, researchers, and professionals
concerned by ethics and deontology, providing
up-to-date theoretical and practical
knowledge, in a spirit of cross-disciplinarity
and as part of an enlightened partnership.
Yet this obvious fact is still disputed in
France, as a result of out-of-date ideologies
or clique mentalities.
On the other hand, all victims also
have duties. They must therefore respect
the impositions of the law and act within
the appropriate period, if they wish to take
legal action. All victims also have the duty
to respect the institutions or services with
which they come into contact, cooperating
faithfully, and carrying out certain steps
themselves. More generally, victims should
make a point of bringing direct or indirect
offenses against them to the attention
of the relevant authorities. Similarly, great
caution should be observed when lodging
complaints, because if they are found to be
unjustified, the person making the complaint
may be held civilly liable. If the complaint
is abusive, there may be sanctions for
defamation following closure of the case, a
refusal of information, a nonsuit decision,
discharge, or acquittal. More generally, the
victim and their entitled persons or family
must respect the perpetrator and their family
as persons possessing fundamental human
rights.
In conclusion, victimology theories
have a significant and almost unquestionable
impact on the rights of victims, at
least in France. Their integration, mostly via
current criminal law, is extremely important.
Whatever those in charge may think,
complementarity between the scientific
approach to crime and the social reaction
that it requires is not only viable, but also
effective. Much has been achieved in this
domain, but many obstacles still remain.
The restorative approach to conflicts
and their regulation highlights many
of these obstacles, allowing us to prevent
or react to them (Wright 1996; Zehr 1990;
Zehr 2002; Johnstone 2003; Gailly 2011).
Beginning from acts committed/suffered,
it also (and perhaps above all) encourages
us to deal with the experiences of each
of the protagonists, beyond the act itself.
Such an all-encompassing strategy cannot
be blind to the need to empower those involved,
wherever desired. Specially trained
professionals who take into account the legal,
psychological, and social consequences
of crime therefore offer the most promising
route back to lasting social harmony.
We must not give in to the pessimism of
thought: the optimism of action as a strategy
for reacting and acting must provide the
route, here and now, to achieving this humanist
objective.
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