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Restorative justice in cases of sexual violence

Restorative justice in cases of sexual violence. BRUNILDA PALI. Even for rape?. Why is restorative justice in cases of sexual violence so contested?. Victim safety (risk of re-victimization) Manipulation of the process by offenders (minimizing, neutralization, trivializing)

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Restorative justice in cases of sexual violence

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  1. Restorative justice in cases of sexual violence BRUNILDA PALI

  2. Even for rape?

  3. Why is restorative justice in cases of sexual violence so contested? • Victim safety (risk of re-victimization) • Manipulation of the process by offenders (minimizing, neutralization, trivializing) • Pressure on victims (victim’s interests may be minimised or marginalized by offender, community, or professionals) • Conflicting loyalties (increases vulnerability to manipulation) • Public interest not served (incompatibility with ”the personal is political”) • Power imbalances (control)

  4. What are the benefits of restorative justice in sexual violence cases? • Information and voice (getting answers, telling their narrative) • Recognition and validation of harm • Assurance that no further harm is made (non-repetition) • Safety, growth, closure, and healing • Restoring safe relation with offender (distance, boundaries) • Release bad feelings (ex. self-guilt, reduce fear, revenge, anger) • Confront the offender, demystifying the offender • Empowerment (self worth, self respect, self confidence, sense of control, new identity)

  5. The Centre for Victims of Sexual Assault (2000), University Hospital of Copenhagen • In 2002 restorative dialogues were introduced as a response to several requests from women wanting to face the offender (Madsen, 2004) • Mantra: “No crime victim should be forced to confront her perpetrator, but neither should she be denied the opportunity if she desires it” (Koss, 2000).

  6. Rachel I've always had a quiet voice. When I speak, I'm not often heard - and I often liken myself to Mr Cellophane from the musical Chicago. It's a pity, really, because I feel that I've actually got a lot to say - important stuff. Stuff that should be heard by as many people as possible. Especially those people who have strong opinions on sex offenders. When I was in my late teens, I was raped. My life was changed after that night. I was robbed of my virginity, for one thing, and I was also robbed of my ability to allow other people to have any level of control over me. That is, I now actively dislike - and react to - people pushing me for decisions, or making decisions on my behalf.

  7. Doing restorative justice in cases of sexual violence: A practice guide (Vince Mercer & Karin Sten Madsen 2015) Project: “Developing integrated responses to sexual violence: An interdisciplinary research project on the potential of restorative justice” Daphne III – JUST/2011/DAP/AG/3350 (2013-2015)

  8. What questions would be asked if they were to extend their restorative practice to cases of SV?

  9. Victims’ Directive (Recital 46) Victims’ Directive itself does not explicitly exclude any victim from participating in restorative justice, but only mentions a list of factors to be considered to protect victims participating in a restorative justice process, which are: ‘the nature and severity of the crime, the ensuing degree of trauma, the repeat violation of a victim’s physical, sexual, or psychological integrity, power imbalances, and the age, maturity or intellectual capacity of the victim’ (Recital 46).

  10. Each victim has his/her own unique experience of the harm that SV causes.

  11. Under which conditions is restorative justice beneficial for victims of sexual violence?

  12. Inadequate process/bad practice (biased or unprepared mediator, lack of victimpreparation, lack of follow up of agreements) • Attitude of offender (non-cooperative, no responsibility, no communication, dominating, minimising) • When programmes have the offender mainly in focus, victims feel used and their experiences are merely used as ‘rehabilitative’ material’ for the benefits of the offenders • “Shamreparation”: tokenism, dictatedapology

  13. How we as facilitators can support the person harmed becoming empowered through each step of the RJ process. • We as facilitators actively empower by the way we conduct the preparation: • We present options, ideas that are new to the person harmed. • We give opportunity to voice fears and doubts (or the opposite). • We give something that can be taken in or rejected and we support their freedom of choice. • We pace and we lead. • We have an unique opportunity to support the empowering and that is why it is so extremely important that facilitators know what they are dealing with and know what they are doing, know themselves and their own bias. Otherwise – how can we help empower anyone?

  14. Do not be afraid to enter the territory but prepare yourself well before you enter and bear in mind what Michael White said: the map is not the territory.

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