Restorative Justice Responses to Sexual Assault

Publication Date: 2008
Abstract: A large international literature promotes restorative justice options as satisfying and empowering to crime victims. This paper examines restorative justice for sexual assault from the perspective of three groups of survivors: (a) adults victimized by adult perpetrators; (b) adults or juveniles victimized by juveniles; and (c) adults sexually molested as children by adults. Restorative options include sharing circles, victim-offender dialogue, victim impact panels, community reparation boards, circles of support, sentencing circles, conferencing with juveniles and adults, and restorative discipline in educational settings. This paper reviews data documenting the high levels of attrition that transpire between reporting sexual assault to law enforcement and case disposition by prosecutors. The data demonstrate that conventional justice has over a period of years been very good at doing little to respond to sexual assault reports. Some of the notable evidence of resistance to change in this system includes the lack of a positive trend despite dedicated activism and education/training in increasing reporting or conviction rates in sexual assaults. Even when restorative alternatives are made available, the status quo frequently prevails. Program directors report that the rates of utilization by prosecutors are low.