Examining the role of restorative justice
Sexual Violence and Restorative Justice
Maria Keenan and Estelle Zinsstag
£80, Oxford University Press
★★★★★
This somewhat academic book critically examines the various models of restorative justice used for crimes of sexual violence. It examines the role and benefits of restorative justice and whether it can bridge the ‘justice gap’ in cases of sexual violence. The book has an international remit and offers practice guidelines for the application of restorative justice to sexual violence cases.
Restorative justice is increasingly used in violent and sexual offending. It is seen as very effective in giving justice for the victim and enabling the offender to rehabilitate themselves and reduce reoffending. The context is a growing dissatisfaction with the court system, including low charge and conviction rates for sexual crime, delays in dealing with cases, and concern at the way victims and their families are treated.
These concerns are very relevant to the legal profession. The system is arguably failing and the public rightly ask whether we should scrap it and replace it with an alternative. Do the low rates of prosecution reflect outdated views held by mainly male justice professionals? How does society deal with ‘rape myths’ and stereotypes? There have been attempts to tackle these factors for many years with variable success.
This is an important and interesting subject which the book examines thoroughly. The process of restorative justice is put into an international perspective. Guidance is offered on how it should be practised and there is analysis of data on the different models used around the world. The book looks at the experience of different countries, including tribal ‘healing circles’ and truth commissions as alternatives.
I admire those who can find it in themselves to forgive and reconcile with those who did them harm. And I foresee that restorative justice will no doubt have an increasing role to play in the judicial system.
David Pickup is a partner at Pickup & Scott Solicitors, Aylesbury
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