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

Abstract

Sexual violence (SV) is a widespread human rights issue. Survivors of SV often experience profound dehumanization and poor health outcomes when their trauma is not properly addressed, rendering it critical that they are honored and empowered within subsequent processes of healing and seeking justice. With adjudication through the criminal legal system largely underutilized due to retraumatization, scrutiny from law enforcement professionals, and high rates of case closure, restorative justice (RJ) has emerged as a promising option for survivors to repair harm and experience accountability. Little is known, however, regarding the best practices for its use in cases of SV. To meet this need, a scoping review was conducted to identify the best practices for the implementation of RJ after instances of SV experienced in adulthood. Following the search methodology outlined by the JBI Manual for Evidence Synthesis for scoping reviews, 15 articles met search criteria, including four empirical studies and 11 nonempirical research materials spanning five academic disciplines. Best practices and structures for RJ were subsequently identified, including key phases for appropriate implementation. This review can be used to create increasingly productive RJ processes for SV survivors, which is particularly important for those coming from marginalized communities facing structural inequities, as well as survivors on university campuses. As researchers, we have the power to use science to propel society toward the creation of more efficacious healing spaces for survivors of SV, and optimizing safe RJ processes plays a key role in bringing this to fruition.

Care or Justice: Care Ethics and the Restricted Reporting Sexual Assault Policy in the US Military

“…Restricted reporting, in contrast, allows victims to remain unidentified, retain agency over the crime, and receive care without identifying their perpetrators. Requiring victims to pursue restorative justice could reverse the gains in victim care made by the restricted reporting policy, especially in terms of anonymity and agency (Burns and Sinko 2021, 7; Hopkins and Koss 2005, 709–16). While rehabilitation of the offender is an important goal, especially when pursued in line with care ethics, it should not jeopardize care for the victim.…”

A Decolonial Perspective on Online Media Discourses in the Context of Violence Against People With Disabilities in South Africa

“…The uncle offered R10, an insignificant amount even in a poor and marginalised context, as reparation. While traditional practices inspired by the principle of restorative justice (Burns & Sinko, 2021;Greyvenstein, 2017) may contemplate monetary compensation (including in cases of sexual assault), the necessary community involvement, ensuring mutual recognition and negotiation was absent in this case. The young woman's mother remarked that failure to secure a conviction in the first incident of rape led to disillusion and reticence in reporting the second.…”

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

“…The educative aspects aid in the healing process of sexual violence survivors because they reported wanting respondents to acknowledge the harm they caused, apologize, and try to make amends—which can be done without time-consuming, costly, and revictimizing court processes (Koss & Lopez, 2018; Koss et al, 2017; Ullman, 2010). Victims want justice, to be believed, and to be provided the resources to heal and feel safe again (Burns & Sinko, 2021; Méndez, 2020). RJ processes are also consistent with Abraham Maslow’s hierarchy of human needs, which proposes that people’s needs for safety, security, and stability are more primary than a higher order met by criminal justice procedures (Seidman & Pokorak, 2011).…”

“…Implementing RJ is an intentional process that requires extensive work. To be effective, RJ practices should be intentionally designed and staffed with well-trained, adept facilitators who can create a respectful, transparent atmosphere focused on healing harm to all involved (Burns & Sinko, 2021; Harper et al, 2017). Involvement of complainants into the development and planning of restorative justice approaches is essential (Rubin, 2010).…”

“…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. Previous Title IX guidance did not clearly account for alternative resolution options to handle sexual misconduct, which resulted in confusion concerning the applicability of RJ and its comparison to similar alternatives (e.g., mediation, circle of support, and accountability) (Burns & Sinko, 2021). The recent application of RJ under 85 FR 30026 may create procedural and distributive justice issues for the complainant, respondents, IHE, and the community.…”