Rape crisis group seeks to make controversial Scot Gov victims-meet-abusers justice plan safe

Nicola Sturgeon's government launched a “restorative justice” initiative that put abusers on the path of rehabilitation but the plan has been heavily criticised by rape crisis groups and women's safety academics.

Rape Crisis Scotland has said it is to join the advisory panel of the new restorative justice service for survivors of sexual crime saying their priority is to "ensure that the services being developed are as safe and supportive as possible".

The first participants are expected to take part in an initial test project in Edinburgh, and the Lothian and Borders next year, with services then being rolled out across the country.

The coalition have told the Scottish Government in a letter that well-intentioned community justice will illicit further trauma for victims of coercive control and emotional abuse.

The letter said: “We are deeply concerned about the Scottish Government’s proposals to implement Restorative Justice (RJ) interventions in criminal cases of domestic abuse and sexual violence (DASV).”

It said that “while we understand the value of RJ processes and support their use in some crime types”, it was “inadvisable for a number of reasons” in domestic abuse and sex crimes.

The signatory groups including Scottish Women's Aid, Wise Women, Hemat Gryffe Women’s Aid, Dundee Women’s Aid,, ASSIST, Women’s Support Project, Glasgow Women’s Aid and Edinburgh Women’s Aid, and Women’s Aid South Lanarkshire and East Renfrewshire But Rape Crisis Scotland has taken steps to engage with the process.

It said: "Earlier this year, it was announced that survivors of rape and domestic abuse in Scotland will be able to access restorative justice for the first time. This refers to a voluntary process of facilitated contact between survivors and their convicted perpetrators.

"We recognise that there are mixed feelings within Scotland's women’s sector and beyond about the appropriateness of restorative justice in sexual offence cases. However, a number of survivors have told us that this is a process they would like to engage with.

"As a result, our top priority is exploring how it can be developed safely and in a way that gives survivors full control over how and whether to participate.

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"There should never be any pressure on a survivor to participate in restorative justice, and we recognise the risks of potential harm that can come with such an approach.

"However, we know from our work with survivors that Scotland’s criminal justice system can feel paternalistic and restrictive, and that many feel they are denied agency within it. It is therefore vital that survivors are listened to and given agency in how they choose to pursue justice, whether that is through a restorative justice process or not.

"For these reasons, we have joined the advisory panel of the new restorative justice service for survivors of sexual crime being developed in Scotland. We understand the concerns raised by others and do not wish to dismiss these.

"Rather, we intend to use our voice on this panel to ensure that the services being developed are as safe and supportive as possible, and that the time is taken to get them right for survivors."

The Scottish Government announced earlier this year that “pioneering new restorative justice services will put victims at the heart of the justice system”.

Justice Secretary Keith Brown launched two “hubs” for restorative justice including one with within agency Community Justice Scotland, and said the government had so far invested “more than £725,000 in the roll out of restorative justice services”.

The Scottish Government describes restorative justice as “a voluntary, facilitated, supported process of contact between someone who has been harmed and the person who caused that harm”.

And it says: “Overall, the empirical evidence shows that RJ has a positive impact on victims and it can also reduce reoffending.”

The government added that restorative justice did not just have to be face-to-face talks, but could involve "video conferencing". "written, audio or video messages", or "other methods such as story-telling".

But the protest letter said that the basis on “on which plans are being progressed, is highly flawed”, and the “skills and competences required for the use of RJ in DASV cases do not presently exist in Scotland”.

“Physical and emotional safety are essential to recovery. We are concerned that the introduction of RJ processes will impact on women’s recovery from trauma, be counterproductive and cause further harm," it said.

“Engaging with the perpetrator in an RJ process may unconsciously re-traumatise, by reasserting a woman’s previous traumatic bond, derail recovery and increase the risk to her safety. As control and manipulation are central in domestic abuse cases, overall this significantly challenges the appropriateness of RJ and is deeply problematic in this context.”

It said that “despite that”, “substantial financial resources have already been allocated” to pilot schemes involving domestic and sexual violence offences Restorative justice is founded on an alternative theory to the traditional methods of justice, which often focus on retribution.

It is used in a number of countries with a goal for the victim and the offender to share their experience of what happened, to discuss who was harmed by the crime and how, and to create a consensus of what be done to repair the harm done.

This may include a payment of money given from the offender to the victim, apologies and other amends, and other actions to compensate those affected and to prevent the offender from causing future harm.

It allows the victims of crime to meet with their attacker face to face in a safe environment to ask questions and explain the impact of the crime.

Its proponents say it can help people heal and overcome their trauma.

A Scottish Government spokesperson said: “Restorative justice is not an alternative or substitute to the criminal justice system. However as part of the Scottish Government’s vision for justice, it is vital that victims and survivors are given a voice, and that their needs and values are respected and supported.

“We recognise the particular concerns regarding the safe use of restorative justice in cases involving domestic abuse. In sensitive cases such as these, restorative justice will only ever be explored if the request comes from the person harmed, and then will only be taken forward if assessed as safe to do so.

“We will continue to engage with the sector at both national and local levels, to ensure their expertise informs an appropriate response to survivors.”