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Two - Restorative Justice and Survivors’ Justice Needs

Published online by Cambridge University Press:  21 April 2021

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Summary

What is restorative justice, how do its processes work, and how does it address survivors’ justice needs? This chapter explores these questions, drawing on literature relating specifically to restorative justice in cases of sexual abuse, as well as broader understandings of restorative justice and victims’ experiences. It begins by considering some of the central component parts of restorative justice – community, dialogue, and restoration – and how these may contribute to positive experiences for survivors. This is central to understanding whether restorative justice processes with enablers of abuse is theoretically and conceptually possible. Restorative justice processes can vary greatly, and there are many different forms that have been trialled in sexual abuse cases. These show how and where restorative justice can be integrated into existing criminal justice systems, but also how these can operate as an alternative to the criminal justice system and the benefits this may bring for survivors. This discussion underpins the examination of the forms of restorative justice that may be preferred with enablers of abuse. The importance of orientating processes towards survivors, particularly in relation to the timing of them, is explored. Combining these elements, I define restorative justice processes for survivors; to reflect its use in sexual abuse cases and the theoretical and conceptual ability to include enablers of abuse as participants in restorative justice processes. This is also the view of restorative justice I have represented throughout this work from research design to final text. Finally, I consider how survivors may gain a sense of justice through a restorative justice process. This begins with some discussion of the needs of victims and how restorative justice may be meeting these needs. Two of these needs known to be important for survivors – voice and validation – are then explored in more detail. This chapter concludes with a discussion about bystanders in sexual abuse, how they may be considered as enablers, and how these may influence survivors’ motivations for taking part in restorative justice processes, whether with abusers or with enablers.

Principles of restorative justice

Restorative justice is a broad term. It can mean many things to many people, continuing to resist becoming clear (Presser and Van Voorhis, 2002; Wemmers and Cyr, 2004; Cheon and Regehr, 2006; Cunneen and Hoyle, 2010; Walgrave, 2013; Daly, 2016).

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Publisher: Bristol University Press
Print publication year: 2020

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