The thesis examines the use of restorative justice in cases of sexual assault in Canada from the perspective of practitioners' experiences. I would like to thank the wonderful team at Restorative Justice Victoria who have guided and supported me since this thesis was just a hope for the future.
Introduction
Sexual assault
Restorative justice
Misconceptions about restorative justice and sexual assault held by professionals and the public are hindering acceptance of the practice. Restorative justice is one of the available sanctions that can be considered in these cases.
Research purpose & significance
Rationale: Safety is a central concern among antiviolence and feminism research and advocacy, so it is important to understand whether these concerns fit into current forms of restorative justice practice and whether safety risks are being adequately managed. This is not to say that all surviving victims will consider a conviction to be a satisfactory outcome, but since convictions are the primary outcome of the criminal justice system, it shows the inadequacy of the criminal justice system when it comes to cases of sexual assaults.
Researcher orientation
I chose this study as my thesis topic because I wanted to see better support systems for survivors of sexual assault. I undertook this study with the understanding that my results may not support the use of restorative justice in sexual assault cases.
Language and terminology
Just as the people accused of sexual assault in the restorative justice processes in this study have done. This leads to a misunderstanding about the nature of restorative justice in cases of sexual violence.
Literature review
History of restorative justice for sexual assault research and practice
The histories of sexual assault RJ research and practice are closely related and inform each other. Currently, some research can still be found that contradicts the practice of RJ for sexual assault.
Restorative justice
The debate about RJ's place in relation to the traditional criminal justice system has been ongoing since RJ's emergence in the early 1990s. This debate was often explored in the literature, specifically regarding RJ and sexual assault, as the complexities of survivor-victim needs, RJ, and the criminal justice system were evident when it came to sexual assault.
Sexual assault
Some argue that the basic structure of the trial process is incompatible with the needs of sexual assault survivors and the nature of sexual assault (Joyce-Wojtas & Keenan, 2016, p. 61-62). They argue that shame, because of its contradictory nature, will always be an element of the process, which is detrimental to the well-being of survivor-victims.
Current state of restorative justice for sexual assault cases
The findings of a study conducted in Britain into the views of the public and surviving victims show that both surviving victims and non-surviving victims (the public) had a positive view of restorative justice for sexual violence. A small number (5 out of 29) of the surviving victims said they would consider participating in a recovery process.
Feminist perspectives
Van Camp & Wemmers research found that survivors prefer a proactive approach to RJ provision, where they are given all the options to choose from at the appropriate time, as the option to choose is empowerment after sexual assault (2016, p. 433) . Although understandable, this limits the potential of RJ to a select group of the population and prevents victim survivors with adult offenders from opting for the RJ process (Curtis-Fawley & Daly, p. 612).
Intersectional perspectives
People of color and poorer women, LGBTQ people, and gender nonbinary people often see the courts and society. There is concern about equal access to RJ programs, as people of color may be less likely to be referred to an RJ program due to racist perceptions (Rubin, 2003 p. 11).
Indigenous perspectives
Not all indigenous women feel that RJ is another wrong response to sexual assault. Some indigenous women believe that RJ is viable but poorly executed in their communities.
Supporters and critics
Because of the hardships survivor-victims experience in the criminal justice system, RJ is an option for the many survivor-victims who are left out of the criminal justice system or who do not want to be involved in the criminal justice system (Marsh & Wager, 2015, p. 340). The following are some of the main concerns that exist around RJ for sexual assault.
Best practices
Some suggest that the surviving victim attend therapy or counseling during or after the trial because it can be exhausting and difficult for surviving victims to relive the memories of the attack (McGlynn, Westmarland & Godden, p. 228-229) . There is a specific need to understand that surviving victims in the aftermath of the attack may have very small or specific communities (Rubin, 2003, p. 71). Others believe that it is up to the surviving victim to determine whether to use RJ.
Methodology and methods
- Methodology & research design
- Data collection
- Methods of analysis
- Ethics
- Limitations and delimitations
- Participants
There is only a working hypothesis in this research design, indicated by the direction of the research question; it is primarily intended to explore the options available in the field of restorative justice. However, due to the qualitative and in-depth nature of the research, they were considered potentially less effective. Due to the nature of the sampling methods, it is impossible to know exactly how much.
Results
Overview of the case experiences
The types of sexual assault that fell under the Criminal Code of Canada definition of sexual assault included unwanted. RJ has also been used to address other types of sexual assault that do not fall under the Criminal Code of Canada's definition of sexual assault, including sharing sexual photographs without consent and using sexually inappropriate language. Only two practitioners mentioned cases of sexual assault between people of the same sex, although there may have been more that were not explicitly mentioned.
Topic: Process experiences
Other referrals came from the police or Crown counsel at the behest of the surviving victim or their family. In one case, the practitioner noted that the offender had already done much of the work that may have been specified in the agreements. One practitioner worked with survivor-victims with developmental disabilities where the families often participated as a representative of the survivor-victim.
Topic: Process formats for safer and effective experiences
In many of the RJ processes discussed in the interviews, supporters were present to help the survivor or perpetrator through the process. The interview results focused on a process that met the needs of the participants, especially the surviving victims. As a tool in the process, one practitioner included a discussion of how survivors experience shame in the sex education segment.
Topic: Justice needs
Practitioners were asked whether they believed that the process they had participated in was capable of meeting the survivor-victim's need for justice. Overall, the interviewed practitioners felt that their RJ processes met the justice needs of the survivor-victims. Seven responded that they believed their processes broadly met the justice needs of survivor-victims.
Topic: Offender recidivism and community accountability
Another practitioner saw the depth of the process' impact on the offender's entire family and believed that the family would help bring the offender to justice and prevent future reoffending. Three other practitioners reiterated the sentiment expressed earlier, stating that there are many variables at work and that they cannot isolate the impact of the RJ process in order to take credit for what was often a joint effort of other programs, psychologists, and religious people. groups. Four practitioners spoke about experiences they had when supporters and community members actively supported survivors during the process.
Topic: Ethical considerations
This section will begin with ethical views on the responsibility to do no more harm, the decision whether or not to accept cases of sexual assault, and a discussion of feminist views as an ethical decision. Experts' concerns about the possibility that the RJ would limit reform efforts around sexual assault legislation and criminal justice procedures will be examined. For eight practitioners, concern about the potential for RJ to mitigate or limit reform efforts regarding sexual assault legislation and criminal justice procedures was an ethical dilemma to which they attributed considerable weight.
Topic: Acceptance of restorative justice for sexual assault
Most practitioners did not believe that their regional justice culture supported RJ for sexual assault. In general, practitioners believed that those working in the criminal justice system, particularly the police and crown counsel, consider sexual assault too serious for diversion programs. There was a clear desire to further RJ's acceptance of sexual assault within the Canadian culture of justice.
Discussion
Theme: Practitioners report that they are able to meet the varying needs of survivor-victims
In this study, practitioners reported that they were able to meet the diverse needs of victim survivors through procedural flexibility. 19. I believe, like some practitioners, that this collaboration can improve the experiences of surviving victims. Until the many problems that prevent marginalized survivor-victims from entering the criminal justice system.
Theme: Practitioners are knowledgeable about the practices that can make the restorative
In contrast to criticism, supporters and community members in dialogue can be a positive presence, potentially helping to fulfill the survivor-victim's need for affirming vindication and validation. If surviving victims experience validation and vindication, two of the justice needs discussed earlier in the Outcomes chapter, it can help reduce those feelings of shame. In the literature, it is emphasized that RJ practitioners working with sexual assault cases should be systematically trained to work with trauma.
Theme: Practitioners struggle with the practical and ethical tensions that arise in their
The desire not to cause further harm may not always be achievable when working with victims of sexual violence and may be better framed as a high standard. For example, the use of restorative justice for sexual violence, which helps many surviving victims experience desired outcomes, would benefit individuals even if retraumatization occurred in some cases. As the results show, practitioners in this study are aware of the potential for victim-survivors to be pressured and coerced into participating in restorative justice, and are doing their best to limit this.
Theme: The experiences and perspectives of practitioners differ from those described in
Because it is important to better understand the experiences of surviving victims (including healing and forgiveness), this highlights the need for further knowledge about sexual violence. This sentiment is echoed in the literature where proponents of restorative justice for sexual violence connect their beliefs in feminism and justice through restorative justice (Ptacek, 2010, pp. 23-24). However, opinions varied on whether mediators should be paid staff to work with sexual violence cases.
Theme: Misconceptions about restorative justice and sexual assault held by professionals
The acceptance of RJ for cases of sexual assault in Canada's legal culture, including the public perspective and professional perspectives (such as the criminal justice system and the counter-violence sector), varies mainly by location and exposure. Not only is the need for better education about RJ and sexual assault necessary for its acceptance within the justice culture, it is an issue of access to justice. The struggle to improve the acceptance of RJ for sexual assault mirrors the struggle of RJ in general, but is all the more intensified because sexual assault is an emotionally charged topic within the public discourse.
Conclusion
Justice Beyond Bars: Exploring Restorative Justice Alternatives for Rape and Sexual Assault Victims. Restorative justice in cases of sexual violence: surveying the views of the public and survivors. I am working on a thesis called Restorative justice and sexual assault: Canadian practitioner experiences.