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Restorative justice for sexual assault

May 30, 2013

from the entry by Miri on Brute Reason:

....Someone asked me to write about what restorative justice might look like from the perspective of a rape survivor. To be clear, I am not a survivor of rape, although I am a survivor of sexual assault. In any case, I can only speak for myself.

But when I think about justice, this is what comes to mind.

I would want a perpetrator of sexual assault to have to learn about the roots of what they did. It’s not as simple is “Sexual assault is bad, don’t sexually assault people.” I would want them to understand rape culture. I would want them to understand all of the factors that might have contributed to their decision (because, yes, it was their decision) to sexually assault someone. I would want them to understand that their socialization has prepared them to become a person who sexually assaults people, but that this can be undone.

I would want the perpetrator to listen to the survivor talk about what they want through (if the survivor is comfortable). This doesn't need to be a face-to-face conversation, of course, and I don’t think that many survivors would be willing for it to be. It could be an audio- or video-taped recording. It could even be a written account.

....But enough about the perpetrator. What about the survivor?

I think it goes without saying that in a system of restorative justice, there will be no victim blaming. The past “behavior” of a victim should have no bearing on the outcome of a trial. Not even if they had been sexually “promiscuous” (whatever that even means) in the past. Not even if they are a sex worker. Not even if they have committed crimes. Not even if they are an undocumented immigrant. Nothing makes someone deserving of sexual assault, and nothing makes it not worthwhile to pursue justice following an assault.

In a system of restorative justice, a survivor should not have to pursue any legal action that they don’t want to pursue. If a survivor doesn't want to testify, they shouldn't have to. That’s what it would mean to prioritize the needs of the survivor over our desire to punish the perpetrator.

Read the whole entry.

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