From Parallel to Intersecting Narratives in Cases of Sexual Assault

Abstract

Restorative justice alternatives to criminal justice are designed to balance the needs of victims, offenders, families, friends, and the community at large to achieve social justice, repair of victims, and deterrence of crime. In the model we evaluated from RESTORE (Responsibility and Equity for Sexual Transgressions Offering a Restorative Experience), each offender and victim received individual services and met in guided conferencing to mutually determine reparative actions for the offender. At the exit meeting, the offender, as the responsible person, read a written apology to the survivor/victim. In this article, we analyze the expression of empathy in the apology, in which the initial mitigation of responsibility in early documents was replaced by acknowledgment of harm to the survivor/victim and acceptance of responsibility for the assault. Those accused of felony rape and those targeting a visible person in cases of misdemeanor indecent exposure expressed greater regret and remorse than offenders of indecent exposure with an indeterminate victim.

Restorative Justice for Survivors of Sexual Violence Experienced in Adulthood: A Scoping Review

“…Bletzer & Koss (2012) found that apology letters were best suited to be written and delivered at the end of the RJ conferencing process than at the beginning, as expressions of empathy were more meaningful toward the closing moments. Apology letters may not be necessary in all cases, but if they are used, they should also be given to an RJ facilitator for review and feedback for any potential revision before it is given to the harmed person.…”

“…Keenan & Zinsstag (2017) recommend that terms of the redress agreement are discussed at the conferencing point, and outcomes are tailored to each specific case, with conferences concluding with a written agreement that outlines the responsible person's agreed-upon behavioral commitments and any compensation for the harmed persons. Bletzer & Koss (2012) found that apology letters were best suited to be written and delivered at the end of the RJ conferencing process than at the beginning, as expressions of empathy were more meaningful toward the closing moments. Apology letters may not be necessary in all cases, but if they are used, they should also be given to an RJ facilitator for review and feedback for any potential revision before it is given to the harmed person.…”

“…Bletzer & Koss (2012) Analysis of responsible persons' RJ apology letters From parallel to intersecting narratives in cases of sexual assault Note. RJ ¼ restorative justice; SV ¼ sexual violence; USA ¼ United States; UK ¼ United Kingdom.…”

Campus Sexual Violence and Title IX: What is the Role of Restorative Justice Now?

“…Within the new legally binding guidance, the various stakeholders have space to look to alternative resolutions to resolve and appease all parties. However, given the current Title IX guidance, IHEs can and have begun to apply restorative justice (RJ) to address the intricacies associated with yellow zone sex-based discrimination (Bletzer, & Koss, 2012; Daly, 2006).…”

“…One option available to address the prevalence of sexual violence incidences under both administrations was the application of restorative justice (RJ) (Daly, 2006;Bletzer & Koss, 2012). RJ is defined as a "process through which the harmed party, offender, and affected community come together to discuss the harm that occurred and find ways to repair the harm" (Vail, 2019(Vail, , p. 2085.…”