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Position Paper: Victim Offender Overlap
Kristi Campbell
Liberty University
CJUS 649
June 1, 2025
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Victim Offender Overlap
There are links between victimization and offending as well as between victims and
offenders. The lines of moral and legal culpability are often blurred by the links between
offending behaviors and victimization. According to Daigle and Muftic (2019) “most
criminologists reached the consensus that an individual’s involvement in a criminal behavior or
event whether having a role of offender or victim contributes to increased risk for both
offending and victimization in the future.” There is an unavoidable relationship that arises with
the victim offender overlap. That can cause a complicated response within the criminal justice
system. According to Baxter (2020) “it is unrealistic and dangerous for the criminal justice
system to always assume a completely guilty offender and a completely innocent victim.”
When someone is a victim of crime it can be devastating to the individual. The victim
may end up suffering from adverse consequences. This can include the possibility of the victim
becoming an offender themself. Interpreting culpability and blameworthiness because of the
victim offender overlap is not always clear to the courts or even the justice system. Each
individual person or situation plays a part in the consequences of victimization. These should be
considered as mitigating factors during sentencing decisions. It is also necessary to understand
why crimes happen. Knowledge of why can be beneficial to a criminal justice response by
guiding and informing them. And there is also the possibility of interrupting the cycle of
victimization.
There also needs to be recommendations as well as policies which focus on addressing
the relationship between offending and victimization. This may end up assisting the individuals
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with resources and other services. Restorative approaches that can mitigate victimization
consequences may also provide safer communities. Initially identifying previous victimization
can be beneficial as a determining factor of influencing criminal behavior.
My Position
Everyone is affected differently by crime. Adverse life experiences, traumatization, and
victimization should be considered as mitigating factors when an individual’s culpability of
criminal behavior is in question. Daigle and Muftic (2020) found that “there are psychological
effects such as anxiety, depression, PTSD, physical consequences like brain damage, as well as
behavioral changes like becoming more aggressive and/or violent.” All of these can influence
how a victim of a crime reacts as well as contribute to the likelihood of themselves becoming an
offender. Victim offender overlap is a crucial topic to be examined when an individual is being
sentenced by the courts. There has been much research on victimization and the propensity
that it can affect the likelihood of harming other individuals. Godsoe (2022) stated that “studies
have revealed a strong correlation between experiencing trauma and engaging in harmful
behaviors towards others.”
The Bible tells us that we are responsible for our own actions, behaviors, and decisions.
Evil should not be able to change who one is and corrupt their character. The Bible tells us, “You
have heard that it was said, ‘An eye for an eye and a tooth for a tooth. But I say to you, Do not
resist the one who is evil. But if anyone slaps you on the right cheek, turn to him the other also”
(ESV Bible Study, 2008, Matthew 5:38-39). Roff (2021) found that “researchers suggest that
judicial officials appreciate and contextualize the implications of previous victimization to gain
an understanding of the nature of experiences and how they relate to offending behavior.”
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It is necessary that the needs and rights of all victims are addressed and identified. Even
the sentencing of offenders needs to be based individually, while examining any mitigating
factors. There is an important scripture which can be used as a guide for the believer. “For the
Lord will not cast off forever, but, though he causes grief, he will have compassion according to
the abundance of his steadfast love” (ESV Bible Study, 2008, Lamentations 3:31-32).
Victimization does not justify the individual to exhibit criminal and violent behavior. But when
examining why crime occurs and to who it occurs, it is important to examine the influence of
victimization. Miley et al. (2020) found that “victims are not met with the appropriate resources
they need to build prosocial behaviors or to facilitate their recovery.” Through restorative efforts
and prevention, the criminal justice system could assist in addressing the cycle of victim
offender behaviors that can result from victimization.
Strengths and Weaknesses
There is a known connection between victimization and criminal behavior, numerous
studies have shown this. With that said, not all individuals who are victimized become offenders
themselves. According to Miley et al. (2020) “some researchers have found support that some
victims develop resiliency and strength through their victimization, which would suggest that
victim offender overlap may vary based on intervening variables.” This has caused the weighing
of the culpability of an offender to become a polarizing issue. Roff (2021) stated that
“researchers have suggested that the criminal justice system will often fall short in identifying
the past victimization of offenders as particularly relevant to their offending behavior.” Baxter
(2020) added “while the harm caused by the offender should not be condoned, it would
similarly be a disservice to discount the experience that led offenders to commit their crimes.”
History of previous victimization can result in needed therapy and treatment for various
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consequences including sexual, emotional, psychological, and physical. Unfortunately, not all
victims get the necessary treatment that they require. Meade et al. (2021) found that “many
victims of crimes fail to get the necessary resources for recovery which puts them at a higher
risk of fostering dysfunctional adjustment patterns which can lead to offending behaviors. It is
thought that by identifying victimization experiences as mitigating factors, offenders can better
adjust to incarceration and reintegration.
As you can see there are several strengths when victimization and mitigating factors are
identified. But there can also be weaknesses that can potentially arise when identifying
mitigating factors for criminal behavior. One weakness is that there can be a lot of court
discretion which can lead to sentencing offenders and treating offenders differently even when
they have committed similar crimes. But to what extent should victimization be considered as a
mitigating factor? That is difficult to determine. According to Meade et al. (2021) “decision
makers and judges risk stereotyping victims or misinterpreting the offender or victim’s risk and
need.” Sometimes for some offenders though it is necessary to deviate from the norm and
utilize alternative sentencing guidelines. Roff (2021) found that “the criminal justice system risks
retraumatizing victims and the families of victims if either side do not perceive procedural
justice has been met.” In the end it is the needs of all victims which matters.
Arguments and Support
Victimization can result in various adverse consequences. According to Semenza et al.
(2021) this can include “poor physical health, poor mental health, poor educational and
vocational performance, a heightened risk for offending behavior, and increased substance
abuse.” When it comes to interpreting victimization as a mitigating factor it can be rather
challenging. However, it is a crucial process to identify the various forms of victimization. It can
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be psychological, sexual, or physical. Everyone can be affected differently and so can the
trajectory of their life. Daigle and Muftic (2019) have found that “many victims of crime do not
receive the support that is needed for recovery, and this can lead to maladaptive behaviors.”
Victims of domestic violence are a great example of this. According to Ruff (2021) domestic
violence victims who kill their abusive spouse or partner are still met with the court denouncing
their actions even though evidence is presented of the abuse the domestic violence victim was
subject to.
As I previously mentioned, sometimes it is necessary to deviate form the norm and
utilize alternative sentencing guidelines. According to Brown (2021) “cases that involve
diminished capacity or offenders who are deemed as non-violent” may be candidates. Everyone
experiences victimization differently and the psychological effects can vary from person to
person. Daigle and Muftic (2019) state that “experiencing violent trauma and victimization can
contribute to maladaptive behaviors, moral disengagements, impair cognitive functions, and
many other consequences which can contribute to engaging in criminal behavior.” In the case of
Terrence Williams, the Supreme Court had to step in. According to Brown (2021) “the Supreme
Court of the United States found that evidence a defendant was a victim of childhood sexual
abuse is permissible as a mitigating factor in capital murder cases and failing to do so can result
in violating the defendants’ rights.”
There have been substantial studies conducted on exposure to criminal events and the
risk of becoming an offender. Semenza et al. (2021) has found that “violence prevention efforts
and trauma-related responses are essential to aiding in reducing offending behaviors and
mitigating the consequences of victimization.” Victimization and mitigating factors are necessary
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factors when examining criminal behavior and why it occurred. The lack of resources and
support are also potential contributors to why criminal behavior can occur.
Recommendations
There are many different recommendations that can be offered regarding victim
offender overlap, victimization, and criminal behavior. There is still a lot of research that needs
to be conducted on victim offender overlap and the response of the criminal justice system.
Godsoe (2022) states that “through more research the trauma experienced by victims can be
addressed as well as the connection with those who commit violent acts.” More specific
research needs to be conducted on juveniles. According to Miley et al. (2020) “there needs to
be further research on the victim offender overlap among juveniles to understand the impact it
has on them.” In addition to juveniles, there needs to be more research on the incarcerated
population and the relationship with victim offender overlap. There has been minimal research
which has shown a connection between victimization and incarcerated individuals. But there
still needs to be more. Bucerius et al. (2020) found that “studies focusing on victimization
histories of incarcerated offenders, specifically self-reported victimization, which includes
childhood victimization is limited.”
Even with all the studies and research that has been conducted on victim offender
overlap there has still been no solution to resolve the issue. There needs to be an exploration of
solutions which can assist in bridging the knowledge gap that exists within victim offender
overlap. With potential solutions in the future, it has the potential to assist victims and society.
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Conclusion
The relationship between victimization and criminal behavior will continue to be studied
and hopefully spoken about. It is necessary that the mitigating factors associated with
victimization are not ignored when an individual commits a crime. Much research has shown
that individuals who are victimized will not become offenders, but there still is a small number
of individuals who will. Studies have also shown that there is a history of victimization playing a
role in offending. The goal should be to understand why victims become offenders and if there
are means of being able to prevent the victim from becoming an offender through forms of
treatment and therapy. It is also necessary to remember that the criminal justice system seeks
justice for the victim, the victim should not be seeking their own justice. We need to remember
that God has a plan for justice and healing for victims. “Do not take revenge, my dear friends,
but leave room for God’s wrath, for it is written: ‘It is mine to avenge; I will repay,’ says the
Lord” (ESV Bible Study, 2008, Romans 12:19).
References
Baxter, A. L. (2020). When the line between victimization and criminalization blurs: The
victimoffender overlap observed in female offenders in cases of trafficking in persons for
sexual exploitation in Australia. Journal of Human Trafficking, 6(3), 327-
338. https://doi.org/10.1080/23322705.2019.1578579
Brown, J. (2021). When children are trained to kill: A look at the victim-perpetrator debate in
the United States and Uganda. Arizona Journal of International and Comparative Law,
38(3), 375.
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Bucerius, S. M., Jones, D. J., Kohl, A., & Haggerty, K. D. (2020). Addressing the victim– offender
overlap: Advancing evidence-based research to better service criminally involved people
with victimization histories. Victims & Offenders, 16(1), 148-
Daigle, L. E., & Muftic, L. R. (2019). Victimology: A comprehensive approach (2nd ed.).
SAGE Publications.163. https://doi.org/10.1080/15564886.2020.1787283
Daigle, L. E., & Muftic, L. R. (2019). Victimology: A comprehensive approach (2nd ed.). SAGE
Publications.
ESV Study Bible. (2008). Crossway Books.
Godsoe, C. (2023). The victim/Offender overlap and criminal system reform. Brooklyn Law
Review, 87(4). https://doi.org/10.2139/ssrn.4494558
Meade, B., Wasileski, G., & Hunter, A. (2021). The effects of victimization prior to prison on
victimization, misconduct, and sanction severity during incarceration. Crime and
Delinquency, 67(12), 1856-1878. https://doi.org/10.1177/0011128720977440
Miley, L. N., Fox, B., Muniz, C. N., Perkins, R., & DeLisi, M. (2020). Does childhood victimization
predict specific adolescent offending? An analysis of generality versus specificity in the
victim-offender overlap. Child Abuse and Neglect, 101,
104328. https://doi.org/10.1016/j.chiabu.2019.104328
Roff, E. (2021). Intimate partner homicide and DV victims: A case for compassionate sentencing.
Alternative Law Journal, 46(1), 34-
40. https://doi.org/10.1177/1037969x20964900
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Semenza, D. C., Testa, A., & Turanovic, J. J. (2021). Trajectories of violent victimization over the
life course: Implications for mental and physical health. Advances in Life Course
Research, 50, 100436. https://doi.org/10.1016/j.alcr.2021.100436
