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The victims' rights movement refers to the convergence of events and social movements that resulted in efforts to change social and legal policies that were harmful to victims of crime and to create new policies that acknowledged the impact of crime on individuals and their families. These policies created new services for crime victims to help them recover from the aftermath of crime and to involve them in the criminal justice system proceedings to successfully pursue and prosecute the perpetrators of crime.

Historical Influences

The idea that victims of crime are entitled to certain rights has its origins in the Code of Hammurabi (2000 BC). The Code of Hammurabi set forth rules regarding the role of the state in holding offenders responsible for their behavior and the restoration of persons who had been wronged by a crime. The code also addressed rules regarding interpersonal violence, including the rights and duties of married couples and children. At the core of these rules was the notion that weaker individuals should be protected from stronger persons.

Early Roman law, the Judeo-Christian Bible, and English law including common law and Magna Carta also provided guidelines regarding the rights of victims to seek compensation or revenge for personal wrongs committed against them. Over the centuries, as governments codified crimes and punishments, the notion of personal wrongs became transformed into crimes against the state. In this paradigm, the role of the victim became secondary to the pursuit of punishment by the state.

The Modern Movement

The modern victims' rights movement was influenced by the civil rights and antiwar movements of the 1960s and 1970s with their emphasis on drawing public attention to marginalized populations and questioning unjust policies of the government. However, it was the rising crime rates in the 1960s, the feminist movement's attention to the issue of violence against women, early victim compensation programs, and political activism by victims that led more directly to the victims' rights movement.

Rising Crime Rates

A rise in crime rates in the 1960s sparked a “get tough on crime” attitude by politicians and the general public. In what can also be called the law and order movement, the criminal justice system, state and federal policymakers, and victim advocacy groups worked together to increase penalties for offenders. The treatment of crime victims by the criminal justice system also came under scrutiny. Early crime victimization studies identified a large gap between the number of crimes reported to police and the number of self identified crime victims. The often insensitive treatment of crime victims and witnesses by police, prosecutors, and judges was a major reason why victims were reluctant to ask law enforcement for help or to participate in prosecution. Law enforcement and prosecutors also began to recognize that addressing victims' problems resulting from the crime may increase victims' cooperation, thereby increasing the quality of evidence needed for successful prosecution.

The Feminist Movement

The feminist movement of the 1960s and 1970s drew attention to the crimes of sexual assault and domestic violence. Law enforcement and prosecutors often did not take these crimes seriously and often blamed the victims for abuse. In 1972, the first community-based programs-rape crisis centers- were opened. In 1976, the National Organization for Women established a task force on battered wives, thus initiating the battered women's movement. The feminist movement is credited with laws protecting the rights of sexually and physically assaulted women and the development of rape crisis programs and shelters for abused women and their children.

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