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"Don't blame the victim" is a cornerstone maxim of Anglo-American jurisprudence, but should the law generally ignore a victim's behavior in determining a defendant's liability? Victims' Rights and Victims' Wrongs criticizes the current criminal law approach and outlines a more fair, coherent, and efficient set of rules to recognize that victims sometimes co-author their own losses or injuries. Evaluating a number of controversial cases involving euthanasia, sadomasochism, date rape, battered wives, and "innocent" aggressors, Vera Bergelson builds a theoretical foundation for reform. Her approach to comparative criminal liability takes into account the actions of both the perpetrator and the victim and offers a unitary explanation for consent, self-defense, and provocation. This innovative book supplies a practical and coherent mechanism for evaluating the impact of a victim's conduct on a perpetrator's liability in a variety of circumstances, including those that are now artificially excluded from comparative analysis.
Legal reform in the name of victims of crime began to appear in state and federal law in the 1960's. It can be seen in victim restitution and compensation laws, in the reform of rape laws, drunk driving statutes, bail laws, and in provisions for victim impact statements at sentencing, to name a few. Over time in many jurisdictions these specific victim provisions were joined by a more general, more comprehensive victims' bills of rights. Thus, by the close of the twentieth century, thirty-three states had added victims' rights amendments to their state constitutions and each of the states had general statutory declarations of victims' rights.