Cyber-victimology: A new jurisprudence

THIS article serves as a thought leadership exploration into the realms of cyber-victimology and cyber jurisprudence. It is intended to provide insights and perspectives on the evolving landscape of legal considerations in the digital age.

However, it is crucial to note that this article is not a substitute for legal advice or a comprehensive analysis of specific legal statutes or cases. Readers are encouraged to consult legal professionals or relevant authorities for specific legal inquiries or guidance.
As a consequence of the changes we see in the world of technology, other longstanding disciplines like law are also finding themselves having to adjust and adopt new terminology to ensure a global socio-legal-victimological perspective on victimisation online is handled fairly. Cyber-victimology refers to the study of individuals and organisations who have been victimised by cybercrime. It involves understanding the nature of cybercrime, as well as the impact it has on victims and their communities.

While it is not yet a recognised field of jurisprudence in most countries, there is a growing recognition of the need to address cybercrime and its impact on victims. There are several challenges to developing a new jurisprudence around cyber victimology, including the rapidly evolving nature of technology and the difficulty of identifying and prosecuting cybercriminals. However, as the impact of cybercrime continues to grow, it is likely that the legal system will need to adapt to meet the needs of victims and address the challenges posed by cybercrime.
The term “cyber jurisprudence” isn’t a very common or universally defined term; however, it refers to the legal philosophy or understanding of law in relation to cyberspace. Cyberspace, the digital or virtual space created by interconnected computers on the internet, presents new challenges and dilemmas for legal systems worldwide. “Cyber jurisprudence” likely refers to the evolving body of law, legal theories, principles, and rules that govern the digital world. This could encompass a variety of issues, including but not limited to cybercrime, e-commerce law, data privacy and protection, intellectual property rights in the digital space, cybersecurity law, digital rights and freedom of expression.
While cyber-victimology is a specialised field within criminology and victimology, it does not replace jurisprudence. Jurisprudence remains the broader field that encompasses the study of law, including legal systems, legal philosophy, and the interpretation and application of laws in both traditional and emerging areas.
Cyber-victimology can inform jurisprudence by providing insights into the unique challenges and implications of cybercrimes for victims. It may influence legal frameworks, policies, and practices to address cybercrime and protect individuals in the digital realm. However, it does not replace the comprehensive study of law and legal systems that jurisprudence entails.
A cyber victim can be anyone who uses digital technologies, such as computers, smartphones, or the internet. They can include individuals of all ages, from children to adults, and may come from diverse backgrounds. Factors such as online behaviour, vulnerability, and technological literacy can influence the likelihood of victimisation.
Cyber victimisation can take various forms, including financial losses due to online scams, emotional distress resulting from cyberbullying or online harassment, reputational damage caused by the spread of false information, invasion of privacy through hacking or unauthorised access to personal information, and exploitation through sextortion or online grooming. Cyber-victimisation can have significant psychological, emotional, and financial impacts on individuals. Victims may experience feelings of fear, anxiety, depression, or shame. They may also suffer from offline victimisation, such as physical stalking or violence.
Cyber victimology aims to develop strategies for preventing cyber-victimisation and providing support to victims. Prevention efforts include promoting digital literacy and responsible online behaviour, raising awareness about potential risks and scams, and implementing security measures to protect personal information.
Intervention strategies involve providing resources, counselling, and legal assistance to victims, as well as collaborating with law enforcement agencies to investigate and prosecute cybercriminals. Cyber victimology also examines legal and policy issues related to cyber victimisation. It explores the adequacy of existing laws in addressing cybercrime and protecting victims’ rights, as well as the challenges in enforcing these laws across different jurisdictions. It also considers the ethical and social implications of emerging technologies and their potential impact on victimisation.

Overall, cyber victimology plays a crucial role in understanding the experiences and needs of individuals who have been victimised in cyberspace. By studying cyber victimisation, researchers, policymakers, and practitioners can work together to develop effective prevention strategies, provide support to victims, and create a safer digital environment.
Some key areas of focus within cyber victimology and jurisprudence include:
l Cybercrime legislation: Governments around the world have enacted laws specifically targeting cybercrimes, such as hacking, identity theft, online harassment, and fraud. These laws aim to define cybercrimes, establish penalties for offenders, and provide legal avenues for victims to seek justice.
lVictim rights and support: Cyber victimology emphasises the importance of recognising and protecting the rights of victims in the digital realm. This includes providing support services, counselling, and legal aid to victims of cybercrimes. It also involves raising awareness about victimisation in cyberspace and promoting preventative measures to minimise harm.
lDigital evidence and investigation: Cybercrimes often leave behind digital footprints and evidence that need to be collected and analysed for successful prosecution. Jurisprudence in cyber victimology focuses on the admissibility and integrity of digital evidence in court, as well as the development of investigative techniques to identify and apprehend cybercriminals.
lInternational cooperation: Cybercrimes are often transnational in nature, with offenders operating across borders. Jurisprudence in cyber victimology addresses the need for international cooperation and collaboration among law enforcement agencies to effectively combat cybercrimes and ensure justice for victims.
lPrivacy and data protection: As technology advances, issues related to privacy and data protection have become crucial in cyber victimology. Jurisprudence in this field aims to strike a balance between protecting the privacy rights of individuals and enabling effective investigations and prosecutions of cybercrimes.
Cyber victimology and the accompanying jurisprudence are continually evolving to keep pace with the rapidly changing digital landscape. The field seeks to provide a comprehensive understanding of cybercrimes, their impact on victims, and the legal frameworks necessary to address and prevent victimisation in cyberspace. New technologies like Generative Artificial Intelligence (GenAI) are further complicating this discipline. By Dr Alfred Musarurwa

lDr Musarurwa (PhD Msc Bsc) is the Chief Technology and Operations Officer at Stanbic Bank Zimbabwe