Victims’ Rights: Legal Framework and Support Systems

Posted on Apr 6, 2025 in Law & Jurisprudence

The rights of victims are increasingly recognized within the justice system. Key legal instruments include:

  • Declaration on Fundamental Principles of Justice for Victims of Crimes and Abuses of Power (1985): Acknowledges victims as central to justice.
  • Recommendation of the Committee of Ministers of the Council of Europe (1985): Focuses on improving legal protection and comprehensive assistance for victims.
  • Framework Decision of 15 March 2001 on the standing of victims in criminal proceedings: Aims to enhance the legal standing of victims.
  • Organic Law 14/1999 of 9 June: Amends the Penal Code to protect abused individuals, including measures to distance aggressors.
  • Organic Law 19/1994 of 23 December: Focuses on the protection of witnesses and experts in criminal cases.
  • Law 35/1995 of 11 December: Provides aid and assistance to victims of violent intentional crimes and crimes against sexual freedom, establishing a public support system.
  • Act 14/1999 of 9 June: Amends the Penal Code and Code of Criminal Procedure to protect victims of abuse, introducing interim measures for physical distancing.
  • Law 27/2003 of 31 July: Regulates protection orders for victims of domestic violence.
  • Organic Law 8/2002 of 24 October: Regulates expedited trials.
  • Law 15/2003 of 25 November: Addresses charging individuals.
  • Organic Law 1/2004 of 28 December: Implements integrated protection measures against gender violence, establishing specialized courts and emphasizing protection and security measures.

Relevant international instruments include the Council of Europe Convention of 1983 and the European Commission’s Green Paper on compensation to crime victims (2001). Law 35/1995 of 11 December provides aid and assistance to victims of violent crimes against sexual freedom, complemented by RD 288/03 concerning terrorism compensation.

Domestic Violence and Victimology

Women constitute a significant percentage (76%) of domestic violence victims, often involving intimate partners (85%). Violence against parents or children also frequently involves female victims (around 60%). Intimate partner violence is the most common form of domestic violence (77%), followed by violence against children (8%) and violence against elderly or other relatives (15%). Foreign women are disproportionately affected, with domestic violence fatalities five times higher compared to nationals. It’s estimated that only 5-30% of cases are reported.

Victimology focuses on the victim at three levels:

  1. Individual: The specific subject affected by the illicit action.
  2. Behavioral: The behavior exhibited by the victim before, during, and after victimization.
  3. Process: The sequence of events leading to victimization.

Criminology and Victimology are complementary disciplines. Victimological theories are supported by criminological theories. Victimology is essential for:

  • Providing concepts such as mediation and the tradeoff between offender and victim.
  • Using victimization surveys to quantify the phenomenon and related criminal activity.
  • Implementing protective measures for victims.

Key aspects of Victimology include:

  1. Analyzing the personal qualities and characteristics of the victim to determine their victimological predisposition.
  2. Examining the victim-offender relationship to understand the dynamics of contact between the two.