Victims of crime suffer a lot of damage to their physical and mental health. Victims of violent crimes often suffer physical injuries and many remain psychologically scarred and traumatised by the criminal event.
In crimes like murder, the victims do not only include the deceased person but also persons who depended on the victim. Some crimes cause economic losses to the victims. Crimes like fraud and robbery lead to direct economic losses to the victims.
There are indirect economic losses to the victims in the form of medical care and legal representation.
After a crime, the victim’s life seldom remains the same and for many it is a life changing event, as it has a negative impact on their life.
There are many remedies victims of crimes could take.
Despite the existence of many remedies, the most common remedy has been a punitive form of justice where more focus is given on punishing the offender of the crime rather than compensating the victims.
In some cases, more focus is given on rehabilitating the offender and little or no attention given to victims.
While a punitive form of justice may contribute to healing a victim, there are more advanced and structured ways of having a system that prioritises the victims. The restorative system is one that focuses on repairing the damage caused to the victim rather than solely focusing on punishing the offender.
Some justice systems are hybrid in that they prioritise retribution. Retribution is a system that prioritises victim rehabilitation as well as punishing the offender. Some retributive systems also have an aspect of offender rehabilitation so that both the offender and the victim are rehabilitated.
Most of the times the only steps taken for crimes such as murder, robbery, rape and sexual violence involve prosecuting and jailing the offenders. This does little to restore the victim who often time is left with serious health and financial losses.
Taking the example of violence, which is one of the leading crimes in Kenya. A victim of such a crime suffers physical injuries that need medical attention. Such a victim also suffers emotional and mental damage that may require professional attention over a prolonged period.
The crime of violence may affect a victim for life, if the victim does not receive proper attention.
The Victim Compensation Act, is an entity set up under Article 50 (9) of the Constitution. Its main aim is to set up a board from which victims of crime are compensated so as to facilitate restorative justice. Victims do have a right to restitution and enforcement under this law. The compensation could be for personal injury and economic losses.
The court can give an order for the victim to be compensated but this order does not stop the victim from bringing a civil law suit for compensation.
Given the nature of crime, I feel one way that victims of crime can be restored, is by civil action remedies where appropriate. Supposing a child was molested and this child contracted a sexual transmitted disease and also conceived from the incidence, jailing the offender is not enough to restore the victim who may require medical care and financial help to raise the conceived child.
This is where civil lawsuits provide a solution. Such a child can file a civil lawsuit against the offender where they can seek monetary compensation from the offender and compensation in the form of medical care.
The offender can be forced by court order to provide financial provision for the ill-conceived child. Victims can consider pursuing civil law suits as a restorative strategy.
Ms Mputhia is founder of C Mputhia Advocates. Email: [email protected]
