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Pinchevsky GM, Miller SL, Goodmark L. "Stop Giving Us What You Think We Need. Come to Us and Ask Us What We Need": Justice Perceptions Among Survivors of Domestic Abuse. Violence Against Women 2024:10778012241265361. [PMID: 39043126 DOI: 10.1177/10778012241265361] [Citation(s) in RCA: 0] [Impact Index Per Article: 0] [Reference Citation Analysis] [Abstract] [Key Words] [Track Full Text] [Journal Information] [Subscribe] [Scholar Register] [Indexed: 07/25/2024]
Abstract
Justice is typically thought of as a product of the criminal legal system. However, prior research has found that survivors of domestic and sexual abuse may also value other factors outside of the legal system. This study explores perceptions of justice held by 96 survivors of domestic abuse. Responses to an online survey indicate that perceptions of justice are complex and multifaceted. Survivors often spoke of justice as accountability, restoration, postabuse support, and validation. The findings highlight the many justice considerations, and solely emphasizing criminal legal system outcomes may be misguided. Implications for additional research and practice are provided.
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Affiliation(s)
| | - Susan L Miller
- Department of Sociology and Criminal Justice, University of Delaware, Newark, DE, USA
| | - Leigh Goodmark
- University of Maryland Francis King Carey School of Law, Baltimore, MD, USA
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Burns CJ, Sinko L. Restorative Justice for Survivors of Sexual Violence Experienced in Adulthood: A Scoping Review. TRAUMA, VIOLENCE & ABUSE 2023; 24:340-354. [PMID: 34227414 DOI: 10.1177/15248380211029408] [Citation(s) in RCA: 0] [Impact Index Per Article: 0] [Reference Citation Analysis] [Abstract] [Key Words] [MESH Headings] [Track Full Text] [Subscribe] [Scholar Register] [Indexed: 05/03/2023]
Abstract
Sexual violence (SV) is a widespread human rights issue. Survivors of SV often experience profound dehumanization and poor health outcomes when their trauma is not properly addressed, rendering it critical that they are honored and empowered within subsequent processes of healing and seeking justice. With adjudication through the criminal legal system largely underutilized due to retraumatization, scrutiny from law enforcement professionals, and high rates of case closure, restorative justice (RJ) has emerged as a promising option for survivors to repair harm and experience accountability. Little is known, however, regarding the best practices for its use in cases of SV. To meet this need, a scoping review was conducted to identify the best practices for the implementation of RJ after instances of SV experienced in adulthood. Following the search methodology outlined by the JBI Manual for Evidence Synthesis for scoping reviews, 15 articles met search criteria, including four empirical studies and 11 nonempirical research materials spanning five academic disciplines. Best practices and structures for RJ were subsequently identified, including key phases for appropriate implementation. This review can be used to create increasingly productive RJ processes for SV survivors, which is particularly important for those coming from marginalized communities facing structural inequities, as well as survivors on university campuses. As researchers, we have the power to use science to propel society toward the creation of more efficacious healing spaces for survivors of SV, and optimizing safe RJ processes plays a key role in bringing this to fruition.
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Affiliation(s)
| | - Laura Sinko
- Perelman School of Medicine, University of Pennsylvania, Philadelphia, PA, USA
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Sezgin AU, Punamäki RL. Type of Traumatic Events, Mental Health Problems, and Posttraumatic Cognitions Among Eastern Anatolian Women. JOURNAL OF INTERPERSONAL VIOLENCE 2021; 36:NP9501-NP9525. [PMID: 31271098 DOI: 10.1177/0886260519858385] [Citation(s) in RCA: 3] [Impact Index Per Article: 1.0] [Reference Citation Analysis] [Abstract] [Key Words] [MESH Headings] [Track Full Text] [Subscribe] [Scholar Register] [Indexed: 06/09/2023]
Abstract
Both severity and type of trauma play a role in mental health consequences. Interpersonal trauma, especially sexual abuse and intentional assaultive violence, form a risk for posttraumatic stress disorder (PTSD). However, few studies have factually compared the impact of trauma types on mental health. This study examined whether interpersonal violence (IPV), natural disasters and accidents (NDA), and life-threat and war (LTW) are differently associated with mental health problems among women. It further examined the mediating role of posttraumatic cognitions (PTCs) among the abovementioned three types of traumatic events and mental health problems. The participants were 1,569 Eastern Anatolian women (16-72 years of age). Traumatic events were assessed with the Life Events Checklist (LEC), mental health with the Diagnostic and statistical manual of mental disorders (5th ed.; DSM-5) diagnostic criteria for PTSD, psychiatric distress symptoms with the GHQ-28 (General Health Questionnaire) scales, and PTCs with the self-related and other-related scales of the Posttraumatic Cognitions Inventory (PTCI). As hypothesized, IPV was more significantly associated with PTSD, anxiety, and somatization symptoms than with NDA. The LTW was significantly associated with all symptoms. Both self-related and other-related PTCs partially mediated the association of both IPV and NDA with mental health problems. The findings are discussed from the perspectives of women and human rights, emphasizing also the importance of cognitive processing of traumatic experiences in enhancing good mental health.
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Vindhya U, Lingam L. Social Action Committees: Community Intervention to Reduce Gender-based Violence. INDIAN JOURNAL OF GENDER STUDIES 2019. [DOI: 10.1177/0971521519861160] [Citation(s) in RCA: 4] [Impact Index Per Article: 0.8] [Reference Citation Analysis] [Abstract] [Track Full Text] [Journal Information] [Subscribe] [Scholar Register] [Indexed: 11/16/2022]
Abstract
This article analyses the principles and processes of a state-sponsored intervention to deal with gender-based violence in the states of Andhra Pradesh and Telangana in south India. Anchored within a poverty-alleviation programme, this intervention is implemented through Social Action Committees (SACs) which are small groups of women drawn from women’s collectives of self-help groups (SHGs). In this article, we critically explicate three key themes that we found to be characterising the philosophy and processes of the SAC intervention: restorative justice, psychosocial support, and engagement with men.
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Affiliation(s)
- U. Vindhya
- School of Gender Studies, Tata Institute of Social Sciences, Hyderabad, India
| | - Lakshmi Lingam
- School of Media and Cultural Studies, Tata Institute of Social Sciences, Mumbai, India
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McCauley HL, Campbell R, Buchanan NT, Moylan CA. Advancing Theory, Methods, and Dissemination in Sexual Violence Research to Build a More Equitable Future: An Intersectional, Community-Engaged Approach. Violence Against Women 2019; 25:1906-1931. [PMID: 31530103 DOI: 10.1177/1077801219875823] [Citation(s) in RCA: 20] [Impact Index Per Article: 4.0] [Reference Citation Analysis] [Abstract] [Key Words] [Track Full Text] [Journal Information] [Subscribe] [Scholar Register] [Indexed: 11/15/2022]
Abstract
Sexual violence is a devastating trauma with long-lasting effects on survivors' health and well-being. Despite the substantial impacts of the last 25 years of research, the prevalence of sexual violence has remained stable. It will be necessary to reconceptualize our work, challenging our theories, methods, and strategies for dissemination and implementation moving forward. We outline an intersectional, community-engaged approach for sexual violence research to center the stories of survivors who face systemic oppression and inequity. Finally, we suggest applications of this approach for justice, healing, and prevention to inform our collective work to end sexual violence.
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Wasileski G. Prosecutors and Use of Restorative Justice in Courts: Greek Case. JOURNAL OF INTERPERSONAL VIOLENCE 2017; 32:1943-1966. [PMID: 26088901 DOI: 10.1177/0886260515590127] [Citation(s) in RCA: 1] [Impact Index Per Article: 0.1] [Reference Citation Analysis] [Abstract] [Key Words] [MESH Headings] [Track Full Text] [Subscribe] [Scholar Register] [Indexed: 06/04/2023]
Abstract
The purpose of this research study was to examine the experiences of prosecutors in Athens, Greece, as they implement a restorative justice (RJ; mediation) model in cases of intimate partner violence (IPV). Greece recently enacted a new legislation related to domestic violence, part of the requirement is mediation. This study used semi-structured interviews with 15 public prosecutors at the courts of first instance and three interviews with facilitators of mediation process. The findings indicate widespread role confusion. Prosecutors' experiences, professional positions, and views of RJ in adult cases of gendered violence were shaped by their legal training. That is, their perceptions reflected their work in an adversarial system. Their views were complex yet ultimately unreceptive and their practices failed the victims of IPV. The study report concluded with recommendations for the legislators and for better preparation of court actors.
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Abstract
What are the meanings of justice, as seen from the perspective of victims of violent crime? Are victims’ visions of justice represented by the conventional legal system? Are they represented by restorative justice? The author engages these questions, drawing on in-depth interviews with 22 victims of violent crime. It is argued that survivors’ views of justice do not fit well into either retributive or restorative models. This has implications for current efforts to use restorative models in cases of violence against women.
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Abstract
The use of restorative justice for gendered violence has been debated in the feminist literature for some time. Critics warn that it is inappropriate because the process and outcomes are not sufficiently formal or stringent, and victims may be revictimized. Proponents assert that a restorative justice process may be better for victims than court because it holds offenders accountable and gives victims greater voice. This article presents what victim advocates in two Australian states think about using restorative justice for gendered violence. We find that although victim advocates have concerns and reservations about restorative justice, most saw positive elements.
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Creating victim-centered criminal justice practices for rape prosecution. ACTA ACUST UNITED AC 2015. [DOI: 10.1108/s0196-1152(2010)0000017005] [Citation(s) in RCA: 0] [Impact Index Per Article: 0] [Reference Citation Analysis] [Track Full Text] [Journal Information] [Subscribe] [Scholar Register]
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Koss MP, Wilgus JK, Williamsen KM. Campus Sexual Misconduct: Restorative Justice Approaches to Enhance Compliance With Title IX Guidance. TRAUMA, VIOLENCE & ABUSE 2014; 15:242-257. [PMID: 24776460 DOI: 10.1177/1524838014521500] [Citation(s) in RCA: 12] [Impact Index Per Article: 1.2] [Reference Citation Analysis] [Abstract] [Key Words] [Track Full Text] [Subscribe] [Scholar Register] [Indexed: 06/03/2023]
Abstract
Campus response to sexual violence is increasingly governed by federal law and administrative guidance such as the 1972 Title IX, the 2011 Dear Colleague Letter (DCL), and the 2013 Violence Against Women Act. Educational institutions are directed to expand disciplinary responses and establish coordinated action to eliminate sexual violence and remedy its effects. Compliance fosters a quasi-criminal justice approach not suited to all sexual misconduct and inconsistent with developing practice in student conduct management. This article envisions restorative justice (RJ) enhancements to traditional student conduct processes that maintain compliance, expand options, empower victim choice, and increase responsiveness to DCL aims. The article (1) defines sexual violence and sexual harassment within the DCL scope, (2) elaborates the DCL position on permissible alternative resolutions and differentiates mediation from RJ, (3) sequences action steps from case report to finalization, including both restorative and traditional justice pathways; and (4) discusses building support for innovation beginning with existing campus response.
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Affiliation(s)
- Mary P Koss
- Mel and Enid Zuckerman College of Public Health, University of Arizona, Tucson, AZ, USA
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Gavrielides T. Contextualizing restorative justice for hate crime. JOURNAL OF INTERPERSONAL VIOLENCE 2012; 27:3624-3643. [PMID: 22645026 DOI: 10.1177/0886260512447575] [Citation(s) in RCA: 4] [Impact Index Per Article: 0.3] [Reference Citation Analysis] [Abstract] [MESH Headings] [Track Full Text] [Subscribe] [Scholar Register] [Indexed: 06/01/2023]
Abstract
The application of restorative justice (RJ) with hate crime remains an underdeveloped field of research, policy, and practice. This article aims to advance the understanding of these two areas of inquiry: RJ and hate crime. It is known that while most hate incidents involve minor, punishable offenses, their impact can be long lasting and detrimental to victims and affected communities. The article investigates how RJ is conceptualized within the hate crime context. The findings are based on a 3-year research program, which combined theoretical analysis, literature review, and U.K.-focused field research that was carried out through a combination of qualitative methods. These included semistructured interviews with an expert sample of practitioners and policy makers as well as focus groups with young victims and offenders of hate incidents. Direct observation was also carried out with two RJ practices.
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Bletzer KV, Koss MP. From parallel to intersecting narratives in cases of sexual assault. QUALITATIVE HEALTH RESEARCH 2012; 22:291-303. [PMID: 22307958 DOI: 10.1177/1049732311430948] [Citation(s) in RCA: 1] [Impact Index Per Article: 0.1] [Reference Citation Analysis] [Abstract] [MESH Headings] [Grants] [Track Full Text] [Subscribe] [Scholar Register] [Indexed: 05/31/2023]
Abstract
Restorative justice alternatives to criminal justice are designed to balance the needs of victims, offenders, families, friends, and the community at large to achieve social justice, repair of victims, and deterrence of crime. In the model we evaluated from RESTORE (Responsibility and Equity for Sexual Transgressions Offering a Restorative Experience), each offender and victim received individual services and met in guided conferencing to mutually determine reparative actions for the offender. At the exit meeting, the offender, as the responsible person, read a written apology to the survivor/victim. In this article, we analyze the expression of empathy in the apology, in which the initial mitigation of responsibility in early documents was replaced by acknowledgment of harm to the survivor/victim and acceptance of responsibility for the assault. Those accused of felony rape and those targeting a visible person in cases of misdemeanor indecent exposure expressed greater regret and remorse than offenders of indecent exposure with an indeterminate victim.
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Slobogin C. Prevention of sexual violence by those who have been sexually violent. INTERNATIONAL JOURNAL OF LAW AND PSYCHIATRY 2011; 34:210-216. [PMID: 21550115 DOI: 10.1016/j.ijlp.2011.04.010] [Citation(s) in RCA: 0] [Impact Index Per Article: 0] [Reference Citation Analysis] [Abstract] [MESH Headings] [Track Full Text] [Subscribe] [Scholar Register] [Indexed: 05/30/2023]
Abstract
This article argues that indeterminate sentencing is the optimal means of preventing recidivism among sex offenders, both as an instrumental matter and jurisprudentially. Once a person is convicted of an offense, the duration and nature of sentence should be based on a back-end decision made by experts in recidivism reduction, within broad ranges set by the legislature. This position is defended against a number of objections, including claims that such a system relies on flawed risk assessments, ignores societal views of justice, denigrates offenders and victims, undermines deterrence and norm enforcement, depends too heavily on costly, uneven and demoralizing risk management schemes, and, as a result of one or more of these objections, is unconstitutional.
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Affiliation(s)
- Christopher Slobogin
- Vanderbilt University Law School, 131 21st Ave. South, Nashville, TN, 37215, United States.
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Hall JM, Roman MW, Thomas SP, Travis CB, Powell J, Tennison CR, Moyers K, Shoffner DH, Bolton KM, Broyles T, Martin T, McArthur PM. Thriving as becoming resolute in narratives of women surviving childhood maltreatment. THE AMERICAN JOURNAL OF ORTHOPSYCHIATRY 2009; 79:375-386. [PMID: 19839675 DOI: 10.1037/a0016531] [Citation(s) in RCA: 15] [Impact Index Per Article: 1.0] [Reference Citation Analysis] [Abstract] [MESH Headings] [Grants] [Track Full Text] [Subscribe] [Scholar Register] [Indexed: 05/28/2023]
Abstract
The purpose of this feminist interpretive study was to portray the experience of women thriving after childhood maltreatment (CM) through personal narratives. An interdisciplinary team conducted multiple in-depth interviews of 44 women survivors of CM who identified themselves as successful and doing well. The interviews focused on "what worked" and "what did not" with the aim of exploring aftereffects of CM; strengths and strategies; interactions helpful in overcoming abuse; and related sociopolitical contexts. Narrative analyses revealed a distinct, dynamic process of becoming resolute characterized by six dimensions that were not sequential steps but characteristics, actions, and interactions. This study offers a new understanding of the experience of women gaining solid footing in their lives, the peace of knowing the abuse is over, and power to move in an upward trajectory.
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Affiliation(s)
- Joanne M Hall
- College of Nursing, University of Tennessee, Knoxville, Tennessee 37924, USA.
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Coram1 S. Intervention or Inversion: Australian Indigenous Justice and the Politics of Cultural Incompatibility. ANTHROPOLOGICAL FORUM 2009. [DOI: 10.1080/00664670902980421] [Citation(s) in RCA: 0] [Impact Index Per Article: 0] [Reference Citation Analysis] [Track Full Text] [Journal Information] [Subscribe] [Scholar Register] [Indexed: 10/20/2022]
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Abstract
Rape results in mental and physical health, social, and legal consequences. For the latter, restorative justice-based programs might augment community response, but they generate controversy among advocates and policy makers. This article identifies survivors' needs and existing community responses to them. Survivors feel their legal needs are most poorly met due to justice system problems that can be summarized as attrition, retraumatization, and disparate treatment across gender, class, and ethnic lines. Empirical data support each problem and the conclusion that present justice options are inadequate. The article concludes by identifying common ground in advocacy and restorative justice goals and calls for a holistic approach to the needs of rape survivors that includes advocating for expanded justice alternatives. A call to action is issued to implement restorative alternatives to expand survivor choice and offender accountability. Conventional and restorative justice are often viewed as mutually exclusive whereas the author argues they are complementary.
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Affiliation(s)
- Mary P Koss
- University of Arizona, 1632 E. Lester Street, Tucson, Arizona 85719, USA.
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