Applying restorative justice in cases of sexual assault may benefit victims and offenders
Nov. 18 to 25 is Restorative Justice Week in Canada. Restorative justice (RJ) is an alternative to the traditional justice system in which people are imprisoned for their crimes. According to the Canadian government, RJ aims to repair the harm that crimes create by holding offenders responsible and addressing the needs of those affected by the crime, including victims and the community.
To effectively accomplish the goal of RJ open communication is needed. One form of open communication in RJ is a dialogue between the victim and the offender, which takes place with support persons present.
The basis of RJ is derived from aboriginal practices, such as sentencing circles. Modern RJ practices have been in Canada for over 40 years. The first modern program in the world was started in 1974 by a non-profit organization Community Justice Initiatives (CJI), which is based out of Kitchener, Ont. According to CJI, the new legal precedent was set when Mark Yantzi (a probation officer) and Dave Worth (a social worker) offered two teens an alternative to jail. The teens had to apologize and make restitution for their vandalism crime. Judge Gordon agreed to these conditions.
CJI continues to offer RJ programs in various cities including Guelph, but RJ is not appropriate in all situations. For RJ to be considered, the victim must voluntarily choose to participate and the offender “must accept responsibility for their role in an offence and the harm they have caused,” according to the Government of British Columbia.
While RJ is not appropriate for every individual or in every situation, participants in studies regarding RJ generally find it better than traditional justice. Canadian researcher Jeff Latimer and colleagues investigated the effectiveness of RJ in the early 2000s and found that the victims and offenders who go through RJ are more satisfied than those who go through traditional justice. The benefits of RJ may come from the emphasis on recovery from harm created through fair treatment. They also found that offenders who participate in RJ are more likely to comply with restitution requirements and are less likely to reoffend in the future compared to offenders in the traditional justice system.
Jo-Anne Wemmers, a professor of criminology at the University of Montreal, notes that one area RJ may be beneficial is in cases of sexual assault, particularly if there was a pre-existing relationship between the offender and victim. In a 2017 paper, Wemmers states that it is important that victims “know their choices and decide which justice option they want to pursue.”
A Canadian study by Jenifer Tufts from 2000 found that one in four participants who had been sexually assaulted in the last year would be interested in RJ. A more recent American study by by Francesca March and Nadia Wager found that 56 per cent of participants who were sexually assaulted at some point in their lives would be interested in RJ as well. This shows that while it is not for everyone, an increasing number of sexual assault victims may be interested in RJ.
Various studies show that some victims of sexual assault find benefits to RJ, such as improved psychological well-being. RESTORE is a RJ program in Arizona that aims to assist sexual assault victims. An evaluation of RESTORE showed that RJ can help reduce post-traumatic stress disorder (PTSD) and stress. At the beginning of the RESTORE program, 82 per cent of participants met PTSD diagnosis criteria, but after the program only 66 per cent were still within the criteria. RJ allows victims to feel supported, as there are people to ensure their safety, their well-being, and to help them through the process. For those that have taken the RJ route, it seems one of the most significant components of its success is that victims feel empowered.
Photo courtesy of Cara Aitchison