Sexual Assault: Why Consider Restorative Justice?
- Hélène Fruchard
- Mar 10
- 4 min read
Updated: Mar 12
What is Restorative Justice?
Restorative justice is an approach to justice that focuses on the repair—both material and emotional—of harms caused by a criminal act or conflict, rather than solely on punishing the perpetrator. It is based on voluntary dialogue between those affected by an offense: the victim and the perpetrator.
It has two main objectives:
Repairing harms: Allowing the victim to express the impact of the act on their life and to obtain answers or some form of symbolic or material reparation.
Perpetrator accountability: Encouraging the person who caused the harm to become aware of the impact of their actions and to actively engage in a process of reflection and repair.
Restorative justice can be applied:
In the pre-sentencing phase (before judgment)
In the post-sentencing phase (after conviction)
As an alternative to prosecution (entirely outside the judicial context)
The Restorative Justice Process offered by Dialogue MJR
It is a conventional mediation process, meaning it takes place outside the judicial framework. It can occur either in the pre-sentencing phase (if the victim decides to file a complaint later) or as an alternative to prosecution (if the victim never files a complaint), or in the post-sentencing phase.
Mediation can be initiated by either the victim or the perpetrator, provided the approach is in good faith. The perpetrator’s goal must be a genuine desire to communicate with the victim, rather than feigning collaboration to avoid legal or media consequences.
Dialogue's services are offered online via videoconference, and the process unfolds in several stages:
An initial individual meeting with each participant to explore the situation, issues, emotions, needs, fears, etc.
One or more individual preparatory meetings to prepare the parties for dialogue and anticipate the encounter so that it goes as smoothly as possible.
The joint mediation meeting where parties can exchange directly.
Key elements of the process:
Voluntary participation: Each party chooses whether to participate and can stop at any time.
Confidentiality: Everything discussed is confidential and will not be shared with the other party, a judge, or anyone else (except in cases of serious and imminent risk to someone's safety).
Impartiality: The mediator supports each party according to their needs without taking sides or making decisions for them.
A safe environment: The mediator guarantees the framework of the exchange, ensuring respect and emotional safety.
Empathetic, non-judgmental support.
Advantages of Restorative Justice Over the Traditional Justice System
Restorative justice is an interesting alternative to be aware of, given the many dissatisfactions victims of sexual assault face within the traditional system:
The vast majority of victims do not file complaints due to fear of not being believed, shame, fear of retaliation, pressure from surroundings, or the inadequacy of the judicial response.
Most sexual violence complaints are dismissed.
During a trial, the victim’s emotions and needs are not central, and the judgment may not match their expectations.
There is a risk of re-victimization, as the victim must prove their claims and justify themselves.
Criminal justice seeks to punish, and civil justice seeks compensation, but neither prioritizes emotional repair.
Prison does not necessarily foster accountability or reduce recidivism upon release.
Legal proceedings are long and costly.
Studies show that people who use restorative justice report higher satisfaction than those who go to court.
These limitations of the justice system do not mean that one should never file a complaint against their aggressor; rather, they help us better understand why an alternative (or a complement) such as restorative justice can sometimes better meet the needs of certain victims and help perpetrators take responsibility for their actions. This process should only be attempted if each of the parties involved has a genuine desire to communicate with one another, and provided there is no risk of re-victimization for the victim.
Potential Benefits of Restorative Justice for Victims
A sense of healing.
The chance for sincere apologies.
To be able to express the impact the assault has had on the victim's life and to be truly heard by the perpetrator.
Answers and explanations regarding the event.
Regaining agency, empowerment over the situation.
To alleviate the harmful effects of the assault (fear, anxiety, trauma, anger, post-traumatic stress disorder, etc.).
To be at the heart of the justice process, prioritizing the victim's needs and expectations, allowing them to feel more acknowledged and valued.
To increase a sense of safety, self-confidence, and trust in others.
Potential benefits for Perpetrators and Society
To understand the impact of their actions on the victim across various levels (psychological, social, existential, material, economic, etc.).
To develop empathy and curb antisocial behavior.
To reduce the risk of recidivism, particularly regarding violent offenses.
To take responsibility and engage in deep self-reflection.
To be able to ask for forgiveness.
To give the offense a human dimension, rather than viewing it solely through the lens of a broken law.
To follow through on commitments with greater reliability.
Important Clarifications
Using extra-judicial restorative justice does not mean waiving your right to file a complaint regarding the situation discussed in mediation. The purpose of mediation is not to influence you in one way or another regarding your legal actions; it is a process that can serve as an alternative or a complement to the judicial process.
Mediation is not a substitute for individual therapy; they are distinct and complementary processes.
The process must be conducted by a professional who ensures compliance with ethical standards and provides a safe environment for all participants.
Restorative justice can be utilized for types of offenses other than those of a sexual nature.
If you have questions about Restorative Justice, or if you're thinking about turning to Restorative Justice, don't hesitate to contact me.
Bibliographic Sources
-Lecomte, J. (2014). Les multiples effets de la justice restauratrice. Journal du droit des jeunes, 334(4), 17-23. https://doi.org/10.3917/jdj.334.0017.
-https://www.justice.gc.ca/fra/jp-cj/jr-rj/index.html
-Sherman, L. W., & Strang, H. (2007). Restorative Justice: The Evidence. Smith Institute.
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