Author: Shruti Sharma, Dogra law college affiliated to University of Jammu.
INTRODUCTION
The emotional response to a severe distressing event or some terrible event is known as “TRAUMA”. The term “trauma” refers to those physical and psychological experiences that cause stress reactions. The exposure to an event or series of events that are emotionally disturbing and have lasting effects on an individual, results in trauma.
Trauma results from an event or series of events or the circumstances experienced physically or emotionally by an individual and are harmful and have lasting adverse effects on an individual's physical, social, emotional and spiritual well being.
According to the Diagnostic and Statistical Manual of Mental Disorders, trauma is defined as when a person is exposed “to actual or threatened death, serious injury, or sexual violence” (American Psychiatric Association [APA], 2013). According to American Psychological Association (APA), trauma is “an emotional response to a terrible event like an accident, rape, or a natural disaster.”
The Substance Abuse and Mental Health Services Administration (SAMSHA) defines “trauma” as experiences that cause intense physical and psychological stress reactions. “Trauma results from an event, series of events, or set of circumstances that is experienced by an individual as physically or emotionally harmful or threatening and that has lasting adverse effects on the individual’s functioning and physical, social, emotional, or spiritual well-being”. Events that are life-threatening and harmful and have adverse effects on the life of an individual is “Trauma”.
Types of trauma
Physical trauma- A traumatic injury or a physical injury is that which causes severe, sudden and immediate medical attention.
Psychological or emotional trauma- the response to an event which is deeply distressing or disturbing causes psychological or emotional trauma.
Categorising trauma
Many medical practitioners divide trauma into three broad categories-
Acute Trauma- A Single traumatic event or a short exposure to a traumatic event causes acute trauma.
Chronic Trauma- Prolonged or repeated exposure to traumatic events over an extended period causes chronic trauma.
Complex Trauma- multiple varied traumatic experiences over an extended period causes complex trauma.
Another form of trauma is Vicarious trauma, which is caused by close contact with someone who has experienced a traumatic experience.
VICTIMS OF CRIMES
The intentional commission or an omission of an act which is prohibited and punishable under criminal law is a “crime”, and, the “victim” is a person who individually or collectively has suffered harm either physical or mental or emotional suffering or any other, through the commission or omission of an act which is a crime. The victims of the crimes are of various types-
Direct victims (primary)
Indirect victims
Secondary victims
Tertiary victims
DIRECT VICTIMS- The direct victims or the primary victims are the actual sufferers of the attack or assault in question.
INDIRECT VICTIMS- These victims are the people close to the primary victims and suffer harm as a result of harm suffered by direct victims.
SECONDARY VICTIMS- These are the witnesses of those criminal acts which can elicit traumas of its kind in such witnesses.
TERTIARY VICTIMS- Those people whose lifestyles have been inconvenienced due to fear of crime are tertiary victims.
RELATIONSHIP BETWEEN VICTIMS OF CRIMES AND TRAUMA
To provide better support and empower those affected by criminal victimisation, we must understand the relationships between victims and trauma.
A crime can leave an ever-lasting impact on the victims, far beyond the physical harm. The victims of crimes experience a profound impact on their lives, many times resulting in complex trauma or trauma-related mental health issues. In many cases, the victims experience psychological and emotional trauma. The sudden nature of crimes may shatter the victim's sense of safety and result in immediate traumatic effects or long-term effects, for instance, complex trauma.
The trauma caused by any crime may result in TRAUMATIC STRESS DISORDER(PTSD).
The trauma of the victim may affect the daily functioning, relationships, and work life of the victim, leading to social isolation and strained relationships. Here, the support and timely intervention of loved ones or professionals can mitigate the harsh effects of trauma.
TRAUMA AND VICTIMS OF CRIMES
The devastating effect of criminal victimisation helps us in understanding the connection between trauma and victims of crimes.
Criminal victimisation refers to a person being the victim of a violent crime (rape or sexual assault, robbery, aggravated or simple assault) or a property crime (burglary and theft). People with a severe mental illness may be at higher risk of criminal victimisation.
Generally, the experiences in life are pleasant, however, they are followed by less pleasant ones, but very rarely do such experiences lead to mental trauma.
TRAUMATIC EFFECTS
Traumatic effects can be of various types, ranging from immediate effects to short-term effects and long-term effects.
The immediate effects can include fear, anxiety, mental/emotional shock, and physical injuries.
The short-term effects may include intrusive memories, avoidance to think or talk about the traumatic event, negative changes in thinking and mood or changes in physical or emotional reactions.
The long-term effects may lead to trauma-related mental health issues or complex trauma.
CRIMINAL JUSTICE PROCESS
The crimes may have a long lasting effect on the victims which may affect the mental well being of an individual. It may also affect the daily functioning, relationships and the work life of the victims.
The trauma caused to a victim by victimization is further exacerbated by the complex, long, and often retraumatizing process of criminal justice. The criminal justice process is a never-ending process which further worsens the wounds of trauma of the person traumatized.
Thus it becomes essential to acknowledge the need of providing support and resources to the victims. The victims of crime must be provided with timely and effective services such as counsellors, advocates. Proper aid and compensation must be given. And they must not be forced to wander for justice.
Importance of support and resources to victims;
Timely support and intervention by loved ones, professionals, and doctors can be helpful to some extent in mitigating the effects of trauma.
Access to resources and information can empower the victims of crimes to seek help and eventually rebuild their lives. Further access to professionals like advocates, medical counsellors, support groups like NGOs can be proved crucial for the recovery or speedy recovery of the victims.
JUDICIAL SYSTEM AND VICTIMS OF CRIMES
The trauma of victims of crimes can be exacerbated by the criminal justice system. The general concept of the criminal justice system is entirely focused on the offender. The entire focus is on the offender, to protect the offender and his rights and to provide a fair trial to him, and the victim is a forgotten party.
The judicial process forces the victim to relive the traumatic experience through testimonies and cross-examination and revictimizes him by blaming and shaming him through aggressive questioning. The victims may feel a lack of support and thus feel unsupported, which may cause them to feel more isolated and thus retraumatized.
What could be done?
To make the judicial system more inclusive, the judicial system could adopt the victim-centered approach and prioritize the well-being of victims. The officers of the court and judicial officials, including all law-enforcing officers, should be given training about trauma.
Support services and coordination could prove to be helpful.
CONNECTION BETWEEN TRAUMA AND VICTIMS OF CRIMES
There are various types of connections between the victims and trauma, including emotional, psychological, cultural, social, physical and immediate connections. These connections are explained in brief below;
Immediate connection- It refers to the physical harm, shock, denial that was caused by or during the crime.
Psychological connection- Psychological connection with trauma may disassociate the thoughts, expressions and emotions of an individual.
Social connection- The emotional distress that a person might experience may make it difficult for such a person to relate to others. The victim of crime might retreat from social activities, family and friends and start having difficulty in expressing their emotions.
Cultural connection- Culture plays an important role in how the victim experiences and expresses the trauma. Cultural background can affect the access to resources and support to cope with trauma.
CALL TO ACTION
There is an immediate call to action to provide support and resources for victims. There is a need to provide immediate support and intervention by the people close to the patient. Professional counsellors, advocates, non-governmental organizations(NGO's), and support groups can be proved to help people cope with trauma.
Resources like counselling services, better access to information, and hotline numbers can act as supporters.
CONCLUSION
Trauma means and includes an event or series of events that cause experiences of intense physical and psychological stress reactions. Any person who has suffered physical or psychological trauma is a victim; the impact of trauma on victims is the link between the two. The call to action is the importance of providing support and resources to the victims.
REFERENCES
Trauma and Its Effects, NCBI Bookshelf, https://www.ncbi.nlm.nih.gov/books/NBK207192/#section1.r654.
Trauma: Overview, American Psychological Association (APA), https://www.apa.org/topics/trauma.
What Is Trauma?, Medical News Today, https://www.medicalnewstoday.com/articles/trauma#definition.
Criminal Victimisation and Schizophrenia, NeuRA Library, https://library.neura.edu.au/schizophrenia/illness-course-and-outcomes/course-outcomes-criminal-victimisation/index.html.
Post-Traumatic Stress Disorder (PTSD) - Symptoms & Causes, Mayo Clinic, https://www.mayoclinic.org/diseases-conditions/post-traumatic-stress-disorder/symptoms-causes/syc-20355967.
Trauma-Informed Care in Behavioral Health Services: Literature Review, Substance Abuse and Mental Health Services Administration (SAMHSA), https://library.samhsa.gov/sites/default/files/sma14-4816_litreview.pdf.