This paper introduces two international restorative justice responses (RJR) to sexual violence. I draw on these examples to propose a RJR to sexual violence that could be implemented in Canada. I analyze the RJR using Braithwaite and Pettitâ s Republicanism model. I use the Republican value of non-domination to explore the process of a RJR as against the CJS process. I focus only on offenders who are willing to admit some responsibility for their crime. The work that follows focuses on the process of both the CJS and RJR, it asks the simple question: would a RJR process promote dominion in excess of CJS process? I argue that a RJR leads to greater dominion for the survivor/victim (SV) of the sexual assault, the offender and the public. I argue that a RJR employs a process that is more efficient at rectifying the harm caused by the initial act of domination.
Restorative justice is gaining acceptance for addressing harm and crime. Interventions have been developed for a wide range of wrongdoing. This book considers the use of restorative justice in response to sexual abuse. Rather than a blueprint or detailing a specific set of programs, it is more about mapping possibilities. It allows people to carefully consider its use in responding to violent crimes such as sexual abuse. Criminal justice approaches tend to sideline and re-traumatize victims, and punish offenders to the detriment of accountability. Alternatively, restorative justice centers on healing for victims, while holding offenders meaningfully accountable. Criminal justice responses tend to individualize the problem, and catch marginalized communities, such as ethnic minorities, within its net. Restorative justice recognizes that sexual abuse is a form of gender-based violence. Community-based practices are needed, sometimes in conjunction with, and sometimes to counteract, traditional criminal justice responses. This book describes impacts of sexual abuse, and explanations for sexual offending, demonstrating how restorative justice can create hope through trauma.
Concerned by the high attrition rates for sexual crime and the secondary victimization experienced by victims during their participation in the criminal justice system, this book analyses the extent to which restorative justice can address the justice gap that exists in current justice provision. Building on clinical experience and earlier research on sexual crime the authors engage with the complex dynamics and traumatic impact of sexual crime as a critical starting point for their research and examine whether restorative justice can contribute to a more enhanced justice response. The book presents extensive new data on restorative justice as applied in sexual violence cases across the globe. It engages with feminist concerns regarding the traumatic impact of sexual violence and the potential for re-traumatisation; the power imbalances that characterise these offences and the potential for re-victimisation; the potential for coercion of the victim to participate in the process; the potential for manipulation of restorative justice by the offender; and the potential that restorative justice could lead to the reprivatisation of sexual crime and ultimately to its decriminalisation. Having examined these topics in detail, the book concludes there is an important role for restorative justice in addressing the justice gap that exists after sexual crime and offers guidance on how this can be achieved.
Controversial and forward-thinking, this volume presents a much-needed analysis of restorative justice practices in cases of violence against women. Advocates, community activists, and scholars will find the theoretical perspectives and vivid case descriptions presented here to be invaluable tools for creating new ways for abused women to find justice.
This book explores the burgeoning interest in alternative and innovative justice responses to sexual violence both within and outside the legal system. It explores the limits of criminal law for achieving 'rape justice' and highlights possibilities for expanding how we think about justice in the aftermath of sexual violence.
Integral to sexual abuse survivors’ healing is understanding the nature of their abuse. Drawing on interviews, this book gives a voice to survivors and illuminates how restorative justice processes can meet their justice needs. With a unique focus on the people around the survivor rather than on the abuser, it addresses the harm caused to survivors by those who enable their abuse, who fail to protect them, or fail to believe them. Marinari offers radical solutions for the development of restorative justice programs and policy initiatives, including practical guidelines for practitioners, and new directions for academic research.
The present handbook offers, in a quick reference format, an overview of key considerations in the implementation of participatory responses to crime based on a restorative justice approach. Its focus is on a range of measures and programmes, inspired by restorative justice values, that are flexible in their adaptation to criminal justice systems and that complement them while taking into account varying legal, social and cultural circumstances. It was prepared for the use of criminal justice officials, non-governmental organizations and community groups who are working together to improve current responses to crime and conflict in their community
This 2002 book addresses one of the most controversial topics in restorative justice: its potential for dealing with conflicts within families. Most restorative justice programs specifically exclude family violence as an appropriate offence to be dealt with this way. This book focuses on the issues in family violence that may warrant special caution about restorative justice, in particular, feminist and indigenous concerns. At the same time it looks for ways of designing a place for restorative interventions that respond to these concerns. Further, it asks whether there are ways that restorative processes can contribute to reducing and preventing family violence, to healing its survivors and to confronting the wellsprings of this violence. The book discusses the shortcomings of the present criminal justice response to family violence. It suggests that these shortcomings require us to explore other ways of addressing this apparently intractable problem.
About the Book "Restorative Justice for Sexual Abuse" is a groundbreaking exploration into one of society's most pervasive and deeply troubling issues-sexual abuse. Written with compassion, empathy, and a commitment to healing, this book delves into the complexities of sexual abuse and presents a transformative approach to addressing its profound consequences. Through its 16 chapters, the book provides a comprehensive and in-depth examination of restorative justice principles applied specifically to cases of sexual abuse. The book begins by establishing a solid foundation of understanding, emphasizing the prevalence and impact of sexual abuse on individuals and society as a whole. It dives deep into the psychological and emotional trauma experienced by survivors, shedding light on the enduring scars they carry. By exploring the limitations of traditional criminal justice responses, it sets the stage for the introduction of restorative justice as an alternative approach that prioritizes healing, empathy, and accountability. "Restorative Justice for Sexual Abuse" goes beyond theory, providing practical insights into the implementation of restorative justice principles. It offers case studies of successful restorative approaches, illustrating how this approach has been applied to address the needs of survivors, hold offenders accountable, and promote healing and reconciliation. Through survivor perspectives, it brings a human touch to the concept of forgiveness within restorative justice. This book is a call to action, advocating for change and policy implications that support the integration of restorative justice principles into the broader justice system. It explores global perspectives, recognizing the importance of cross-cultural approaches and the lessons learned from different jurisdictions. Ultimately, "Restorative Justice for Sexual Abuse" offers hope-a hope for healing and transformation, a hope for a more compassionate response to sexual abuse, and a hope for a world where justice is not just punitive but healing and restorative.
