The Rise of Restorative Justice

Communities of survivors everywhere have been quite outspoken about the constant failings of the punitive systems that we are accustomed to. “Justice” can feel like such a lackluster word when we consider the silencing, victim blaming, toxic masculinity, delayed and denied verdicts, and other flaws within the system that prevent survivors from feeling safe enough to utilize the criminal justice systems in their local communities.

Many survivors are looking for ways to break the “crime then punishment” system that doesn’t account for all the unique factors and nuances that go into each individual case. This is why movements for restorative justice have started to pick up momentum. 

Roots of Contemporary Restorative Justice Movement 

“Traditional” justice like the current punitive justice system is actually not very “traditional” at all. The contemporary restorative justice movement is based on traditions from many indigenous cultures dating back centuries.

The International Institute for Restorative Practices describes hearings that include members of a designated council as well as practitioners from multiple specialties and roles within the community, counselors and supporters, where perpetrators could see the impact of their crimes and seek the path to making things right for the victim (or victims) they harmed. 

There are also mediation practices found in ancient religious and cultural traditions that tap into spiritual concepts that guided their justice systems. These often included community service work, creating or reviving good works for the community to make up for the harm they caused, and opportunities to grow and prevent further harm. 

Values of Restorative Justice  

The restorative justice movement holds several values that are essential to making the remedies involved truly restorative:

• Voluntary: Above all else, restorative justice must be voluntary. Survivors should feel safe enough to engage, trust the community enough to support the process, and have an idea of what restoration will look like. Survivors should not be coerced into trying it by people who believe it will be helpful.

• Survivor-centered: Restorative justice should ultimately center on survivor’s safety and healing. Each survivor will have their own individual needs and values when it comes to what justice looks like for them. 

• Community-driven: Members of the community should be actively involved and ready to support the process. This means typical people, rather than law enforcement or corrections officers, who are committed to meeting the needs of the survivor and supporting the offender and recognizing their role in the harm caused. 

• Promoting meaningful accountability: Offenders should also be committed to the process in its entirety. Offenders should be ready to do more than just say “I’m sorry,” but obtain and demonstrate the skills needed to restore justice. This might include active listening, reflective listening, articulating growth, and others. 

• Non-punitive: Restorative justice does not include an arbitrary number of years in prison. It also doesn’t include the voice of a paternalistic justice system speaking for survivors. It puts the power back in the hands of the survivor and the community that supports them. 

• Promotes healing: The conversations and actions taken in the process of restorative justice have a purpose. They should be healing to the survivor, the offender, and the community at large. 

Restorative Justice in the Context of Sexual Violence

Restorative justice’s heavy community involvement and working towards a goal is what makes it so special. Some examples of restorative justice in the context of sexual violence include:

• Circles of support and accountability: Peer Support groups for survivors, for offenders, for a blended population (survivors and offenders), and even partners of people who have offended help everyone understand the roots and impact of the offense. They help remedy the aftermath of the offense, and prevent future offenses. While the concept of offender support groups and blended support groups may seem foreign to many, their purpose is to give acknowledgment, understanding, and insight. It can be helpful for survivors’ healing and it can be helpful for offenders to know how to hold their peers accountable by educating them and preventing them from becoming offenders as well. This creates a framework to combat toxic masculinity. 

• Facilitated dialogue and mediation: This includes conversations for survivors and offenders and any other bystanders to discuss the impact, gain clarity, and make a plan for restoration. This may be an opportunity for the survivor to receive closure, for an offender to make meaningful amends, and for bystanders and the community to learn from the offense. 

• Conferences: These are opportunities for the supportive team members from the community to share updates and discuss the processes, successes, and further needs. 

• Reintegration support: This includes services for offenders to maintain their progress towards accountability and continuous journey towards breaking the cycle of harm in their communities. 

Advantages of Restorative Justice Compared to Punitive Systems 

Now that we understand what restorative justice is, we can begin to understand what it can bring to the table that is unique compared to the punitive methods we see. Some advantages over punitive systems include:

• Allows the community at large to prevent further harm by allowing offenders to become allied against further offenses in their community.

• Provides offenders the opportunity to approach their consequences with motivation to want better for themselves and their communities rather than being motivated by shame. 

• Names the root causes (ex. toxic masculinity, homophobia, lack of consent education) rather than treating offenses like isolated incidents. 

Further Reading and Resources for Restorative Justice

The most important thing to keep in mind about restorative justice is that it is not a one size fits all process. Some survivors will not have the sense of safety or trust to participate in restorative justice at all. 

Differing cultures may make some restorative justice activities feel impossible. Some survivors may feel comfortable with mediation with trusted people; others may prefer to hear the offender’s progress indirectly. 

One of the biggest considerations must also be if the offender wants to participate in restorative justice. Through restorative justice, authentic accountability cannot be “enforced” so it is important for survivors to prepare for the possibility of that. 

Want to learn more about restorative justice? Consider some of these readings and resources:

• Read more articles about restorative justice and related topics at Transform Harm resource hub

• Explore more about the growing “decarceral” movement by reading some essays from Inquest

• Attend a free webinar through the International Institute for Restorative Practices

• Complete a free introductory training on restorative and transformative practices through the Colorado Coalition Against Sexual Assault (CCASA)

• Start your own local chapter of the Survivors 4 Justice Reform (S4JR) coalition

Final Thoughts on Restorative Justice

Since restorative justice has its roots in ancient practices, it contains wisdom that we can tap into when we think about what a true survivor-centered approach to justice looks like. Restorative justice as a concept seeks to get to the root of problems and restore communities to minimize the harm. Restorative justice is another great way of looking at how to solve the epidemic of widespread sexual violence that our punitive system can’t seem to address.