Re-victimization in Criminal Proceedings: Limits of Victim Protection in Human Trafficking Cases

Abstract Book of the 11th International Conference on Modern Research in Social Sciences

Year: 2026

[PDF]

Re-victimization in Criminal Proceedings: Limits of Victim Protection in Human Trafficking Cases

Mihai Ștefănoaia

ABSTRACT:

Re-victimization in criminal proceedings constitutes a significant challenge within criminal law, particularly in the prosecution of human trafficking cases, where victims may suffer additional harm through procedural interactions with the justice system. This paper analyzes the legal and procedural limitations of existing victim protection mechanisms, emphasizing how core elements of criminal procedure—such as repeated testimonies, adversarial cross-examination, and stringent credibility assessments—may inadvertently reproduce aspects of the original victimization.
From a criminal law perspective, the study critically examines the tension between safeguarding defendants’ fair trial rights and ensuring adequate protection for victims. It highlights how evidentiary requirements and procedural guarantees, while essential for due process, may place disproportionate psychological burdens on victims, especially in complex trafficking cases. The analysis also considers the legal implications of victim withdrawal, inconsistent testimony, and reduced cooperation, which can directly affect the evidentiary strength of the prosecution.
Furthermore, the paper evaluates the effectiveness of current legal safeguards, including special procedural measures for vulnerable witnesses, and identifies gaps in their implementation within judicial practice. It argues that formal legal provisions are often insufficient in the absence of consistent application and specialized training of legal professionals.
The study concludes that a recalibration of criminal procedural frameworks is necessary, integrating victim-centered and trauma-informed approaches without undermining fundamental principles of criminal justice. Strengthening victim protection is presented as essential not only for upholding individual rights but also for enhancing prosecutorial effectiveness and ensuring the overall integrity of the criminal justice system in human trafficking cases.

Keywords: Re-Victimization; Criminal Law; Criminal Proceedings; Human Trafficking; Victim Protection; Procedural Safeguards; Victims’ Rights; Fair Trial; Evidentiary Standards; Criminal Liability