The opposite sides of the same coin: The role of victims’ vulnerability in shaping laws and transforming criminal justice

Abstract

History offers countless examples of victims whose experiences have shaped not only their own destinies but also the ethical foundations of justice. However, victims are often stereotyped as either passive or vengeful, marginalizing their potential contributions to legal systems. This article challenges such a representation by proposing a four-layer framework to understand how victims can help transform justice. The layers include (1) vulnerability after harm, as a shared human condition; (2) resilience, as the process of rebuilding the self; (3) ethical responsibility, where suffering is redirected into justice-oriented action; and (4) institutional receptivity and cooperation, meaning the legal system’s openness to victims’ voices. When these dimensions intersect, experiences of harm may lead to legal transformation. The argument is grounded in cases such as the activism of Gisèle Pelicot and Claudine Cordani in France, the Larry Nassar trial in the United States, and the emergence of ‘apostrophe laws’ that reflect victims’ influence on courtroom practice. The article concludes that although contemporary victimology has expanded victims’ rights and participation, it has yet to fully consider vulnerability as a constructive force. This calls for a new phase of victimology that recognizes victims as agents who, with institutional support, carry their vulnerability into the legal arena as a generative force.