ABSTRACT
Current theories emphasize the importance of wellbeing, rehabilitation, and recovery of the different participants in legal proceedings, mainly Positive Criminology, Positive Victimology and Therapeutic Jurisprudence. This chapter suggests a strong link between positive victimology and victims’ rights in the criminal process, based on the danger of ‘secondary victimization’ and using the example of victims’ right of privacy. As Positive Criminology puts an emphasis on social inclusion and on unifying and integrating forces at different levels, it has been argued that, similarly, Positive Victimology should encourage practices that will achieve the same goal in relation to victims. Disclosure of private materials has been chosen to exemplify the ability of the legal system to either harm the victim or help her recovery. We argue that it follows from principles of Positive Victimology that discovery of private materials, mainly those relating to therapeutic treatment, should not be allowed as it may irrevocably and unjustifiably harm the victim. The powerless victim, alienated from the criminal process, should be given a standing on this matter in order to re-integrate her, to render her, ultimately, a recovered victim. Criminal justice function and Positive Victimology will both gain from the suggested integrative approach.
