(UK) Why Britons are called “subjects”…

March 1st, 2012

(UK) Why Britons are called “subjects”…

Scotsman.com News – UK – So what do you do when your home is burgled?
http://news.scotsman.com/uk.cfm?id=1377062004

Wed 1 Dec 2004

It takes more than repairing the locks and replacing lost valuables for
victims to get over the trauma of a break-in.

The murder of John Monckton and the attack on his wife, Homeyra, during
an apparent burglary in their London home has once again highlighted the
true dangers and indeed the legal and moral dilemma members of the
public face when they are confronted with intruders on their own
property.

From a police perspective, the advice to potential victims of burglaries
is unequivocal and clear-cut and you should never “have a go”, so to
speak, but for the victims of crime this is a very difficult thing to
put into practice, especially when your natural instincts are to defend
yourself, your family and your own property – the very pillars of your
life that are being violated and potentially destroyed by criminals.

As a law-abiding individual confronted by an intruder in your home you
face a catch-22. If you attack the burglar, or react in an “over the
top” manner, as was recently illustrated in the case of Tony Martin who
shot intruders in his Norfolk farmhouse, you will inevitably end up on
the receiving end of a prison sentence that will far outstrip that
imposed on the intruder in your own home. This situation has resulted in
a lack of belief in the law among the public or rather a belief that the
law isn’t exactly on your side when your home is broken into.

To this end it is perhaps important not to dwell on the situation
involving Mr Martin because, regardless of the appeal procedure he
successfully went through to secure his freedom, in many ways the law
still points to his particular attack on the intruders who entered his
home as a pre-meditated assault. He had previously been the victim of a
number of burglaries within his home and as a result of this he was
effectively prepared for further intrusion and reacted as such when his
farmhouse was broken into again.

But what the Martin case does reflect is the general fear felt by the
public over rising crime rates and the extent to which they will go to
protect themselves. As the case involving Mr and Mrs Monckton shows
those most at risk from aggravated burglary are the wealthy, individuals
identified by criminals as prosperous professionals. However, at the
other end of the scale, people living in inner cities and on council
estates face a similar level of risk.

When individuals are confronted by intruders there are some actions they
should follow.

Direct contact should be avoided whenever possible. If unavoidable, the
victim should adopt a state of active passivity. In most cases the best
form of defence is always avoidance. If this isn’t possible, act
passively, be careful what you say or do and give up valuables without a
struggle. This allows the victim to take charge of the situation,
without the intruder’s awareness, through subtle and non-confrontational
means. People can cooperate but initiate nothing. By doing nothing there
is no chance of inadvertently initiating violence by saying something
such as “Please don’t hurt me”.

In a situation involving housebreaking it is also important to remember
that many common burglars are adolescents, most likely starting out on
the first rung of the criminal ladder, and they are therefore prone to
lashing out if confronted and in the worst case scenarios killing out of
panic and fear.

Sometimes the perpetrator of a burglary is even more terrified than the
victim and in many cases when things go wrong it is the perpetrator of
the crime who panics. Although they sometimes go equipped with weapons,
in most cases they probably don’t intend to use them but in the heat of
the moment, and the fear of either getting caught or attacked
themselves, they use them. They don’t expect the person they are trying
to hold up to retaliate or react. Mostly the knife is there simply for
intimidation rather than intent to use it and they finish up killing
somebody by accident rather than design.

This, of course, does not excuse their actions, but it is certainly
worth taking on-board when you consider confronting an intruder. While
saying this, in my own experience counselling victims of crime in recent
years, there has also recently been a marked increase in the use or the
threatened use of dangerous weapons in burglaries and common assaults.
This, in itself, is a deeply worrying trend and, although not entirely
excusing over-retaliation from homeowners, creates an understandable
degree of sympathy for members of the public who lash out at intruders
in their home. In truth it is an incredibly difficult situation to
assess.

What is perhaps most important is dealing with the victims of the crime
and helping them through the aftermath. As someone with wide experience
of counselling the victims of violent robberies in their homes it is
essential to remember the post-traumatic stress associated with such
incidents.

The truth is aggravated burglary causes enormous stress as the victim’s
home has been violated. This situation is magnified when the victims and
their family have been threatened or assaulted and can lead to a whole
range of post-traumatic stress disorders.

Like the victims of rape and violent assault, members of the public who
experience criminal intrusion in their home experience episodes and
often show all the classic symptoms of post-traumatic stress like panic
attacks, sleep disorders, flashbacks and social withdrawal.

Like other serious crimes the aftermath of a burglary can be the start
of a process that continues to destroy the victim’s self-esteem and even
relationships with their loved ones and more often than not reinforces
their feelings of guilt and self-blame over the situation. The damage to
the victim from the original crime can also be magnified by the court
experience and, more likely in today’s society, the lack of support from
local authorities and the police.

The trauma can be dealt with in a number of ways with professional help,
counselling to develop effective coping strategies and taking time off
from stressful professional activities.
People who fail to seek help often develop further psychological
problems. Men especially are not good at accepting support, but some
simple counselling immediately after an attack can substantially reduce
the risk of long-term psychological problems.

. Dr Ian Stephen is an Honorary Lecturer (Forensic Psychology) at
Glasgow Caledonian University and has worked in a number of prisons with
long-term prisoners and young offenders. He was a consultant to forensic
psychology television series Cracker.