Is it appropriate to use restorative justice in cases of sexual offences?

Abstract

Restorative justice puts the emphasis on the harm caused by the criminal offence and not on the punishment of the offender (Zehr, 2005). By allowing communication between the parties involved, the victim has the chance to express what they need during the criminal proceeding. Restorative justice is mostly used in cases of youth offenders and less serious crimes even though there are more and more studies that claim that restorative justice is more effective (mainly in terms of reducing reoffending) and important when it is used with adult offenders and in the most serious crimes (Strang et al., 2013; Sherman & Strang, 2007; Joudo-Larsen, 2014). This is not surprising when we think about how much harm these crimes cause to people. This study explores the question whether restorative justice can be and under what conditions can be used in cases of sexual offences. It brings along the question whether restorative justice should be used instead of or in addition to the punitive criminal justice system and why victims would want to meet their offenders. The article discusses the most common concerns and how restorative justice can work in cases of sexual offences. When examining the literature in this topic, it seems that the professionals tend to come to the conclusion that despite the difficulties and risks, it is worth facing the challenges when it comes to providing restorative justice for offenders and victims of sexual offences. Naturally, this should only be done with the right rules in place and with the right knowledge and qualifications because these sexual offences result in very deep and lifelong harm and pain. Maybe instead of looking for the answer whether it is appropriate to use restorative justice in cases of sexual offences, we need to look at every single case individually and make sure that the involved parties are ready for some form of communication with each other.