Victimhood and Agency: How Taking Charge Takes its Toll

Abstract

This project addresses an unexplored tension in the civil justice system with regard to victims. The civil justice process generally depends on victims taking action – but “active” victims may face unanticipated consequences. I find that victims who play an active role in the justice process are blamed more, and recover less in damages. These findings are mediated by perceptions of victim agency.

Keywords: law and psychology, victimhood, agency, torts, civil justice