Training for restorative justice work in cases of sexual violence

M. Keenan
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引用次数: 2

Abstract

It is easy to understand why some people may have reservations about the appli‐ cation of restorative justice (restorative justice) in cases of sexual violence (see e.g. Zinsstag, 2017). Yet, European-Commissioned Daphne-funded research1 undertaken by Estelle Zinsstag and myself with a team from a number of Euro‐ pean countries demonstrated that this work is already taking place ‘under the radar’ in many jurisdictions across the globe (Zinsstag & Keenan, 2017). Research also indicates that victims of sexual violence in jurisdictions that do not provide restorative justice services in sexual violence cases as the norm want restorative justice to be made available to them as a matter of choice (see Keenan, 2014). They want restorative justice to be provided by a designated autonomous agency, legitimated and supported by the state and independent of, but working in, col‐ laboration with criminal justice infrastructure. Importantly, these victims want restorative justice in sexual violence cases to be facilitated by well-trained profes‐ sional practitioners in whom they can trust. Practice experience indicates that the very same reasons that prompt victims to engage in restorative justice in non-sexual cases also apply in cases of sexual violence – perhaps even more so. These are to enable their voice to be heard and for the impact and aftermath of the trauma to be more profoundly and widely considered. In addition, some victims want their resilience in the face of such wrongdoing to be expressed. They want to ask questions, hear answers and create a more meaningful level of accountability. Daly (2017) summarised victims’ jus‐ tice interests from a range of empirical sources as participation, voice, validation, vindication and offender accountability-taking responsibility. Turning attention to admitted offenders, Keenan’s (2014) research found that they would be willing to participate in restorative justice if they were request‐ ed to do so. They believed that restorative justice might provide opportunity to repay a moral debt, to contribute towards the healing of the victim and secondary victims, and for apology and expression of sorrow. They too wanted restorative
针对性暴力案件开展恢复性司法工作的培训
很容易理解为什么有些人可能对在性暴力案件中应用恢复性司法(恢复性司法)持保留意见(参见Zinsstag, 2017)。然而,由Estelle Zinsstag和我与来自多个欧洲国家的团队进行的欧洲委托达芙妮资助的研究表明,这项工作已经在全球许多司法管辖区“不受关注”地进行(Zinsstag & Keenan, 2017)。研究还表明,在性暴力案件中不作为规范提供恢复性司法服务的司法管辖区,性暴力受害者希望将恢复性司法作为一种选择提供给他们(见Keenan, 2014)。他们希望恢复性司法由指定的自治机构提供,由国家合法支持,独立于刑事司法基础设施,但与之合作。重要的是,这些受害者希望性暴力案件中的恢复性司法能够得到训练有素的专业从业人员的帮助,他们可以信任。实践经验表明,促使受害者在非性案件中诉诸恢复性司法的同样原因也适用于性暴力案件- -也许更为如此。这些措施是为了使人们能够听到她们的声音,并使创伤的影响和后果得到更深刻和广泛的考虑。此外,一些受害者希望他们在面对这种不法行为时表现出坚韧。他们希望提出问题,听取答案,并建立更有意义的问责制。Daly(2017)从一系列经验来源总结了受害者的正义利益,如参与、发言权、验证、辩护和罪犯问责——承担责任。Keenan(2014)的研究发现,如果他们被要求,他们愿意参与恢复性司法。他们认为,恢复性司法可能提供机会偿还道德债务,有助于治愈受害者和次要受害者,以及道歉和表达悲伤。他们也想恢复
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