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22. Disclosure to unknowing victims in criminal justice investigations: Questions of vulnerability, ethics and practice.

Author

Ost, Suzanne and Gillespie, Alisdair A.

Subjects
CRIMINAL investigation, DISCLOSURE, FRAUD, POLICE, CRIME victims, VICTIMS
Abstract

This article explores the situation in which a victim who has been identified during a criminal justice investigation is unaware of the crime committed against them. We argue that unknowing victims possess a unique vulnerability because discovering their victim status is highly likely to have harmful effects. Where law enforcement officers (LEOs) remain unaware of the victim's knowledge of the crime, this should be perceived as a clue to potential vulnerability. Any subsequent disclosure of the crime to an unknowing victim is an external intervention that exposes them to the risk of harm, thereby raising significant ethical questions. Yet the ethical ramifications of disclosure are not considered in the policing literature and there is no specific professional guidance in England and Wales (and beyond) on this situation. Focusing on two of the primary crime contexts in which a victim can be unknowing (sexual offences and fraud), we scrutinise the ethical issues surrounding LEOs disclosing to an unknowing victim, aligning our analysis with the College of Policing's Code of Ethics and vulnerability-related risks guidelines, and a therapeutic jurisprudence approach to policing. [ABSTRACT FROM AUTHOR]

Published
2024
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47. Recognizing the Paradigm of the Unknowing Victim and the Implications of Liminality.

Author

Ost, Suzanne and Gillespie, Alisdair A

Subjects
*LIMINALITY, *CONSCIOUSNESS, *DISCLOSURE, *CRIME victims, *CRIMINOLOGY
Abstract

This article presents the novel conceptualization of the unknowing victim (UV) and addresses the ethical ramifications of this status. Criminology and victimology have primarily focused on knowing victims, but certain crimes occur without the victim's detection (e.g. sexual assault of an unconscious victim). There is a critical liminal dimension to UV's status: they are on the threshold between unawareness and conscious awareness of their status as victims of crime and are thus situated on the brink of experiencing harm through their own discovery, or someone else's disclosure, of the crime committed against them. We call for the recognition of UVs and the temporalities of their embodied experiences, and argue that there is an ethical imperative to prioritize their lived experience. [ABSTRACT FROM AUTHOR]

Published
2024
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