Restorative justice for survivors of sexual abuse. Angela MarinariBristol: Bristol University Press. 2021. 145pp. £45.00 (hbk) ISBN: 978–1447357933

Abstract

Restorative justice for survivors of sexual abuse is a practice guide and handbook for proponents and practitioners of restorative justice in the wake of sexual violence. Focusing her study specifically on the inclusion of bystanders (or, as Marinari describes them, enablers) of childhood sexual abuse in restorative justice processes, this book argues in favour of facilitated dialogue between survivors of these offences, and those who may have been in the vicinity, or aware of the abuse, yet failed to intervene and protect the survivor.

Utilising an interpretative phenomenological analysis (IPA), Marinari used a feminist approach to gathering research data. In doing so, the voices of each participant are heard. This allows the reader better to understand the survivors’ lived experiences and enables a deeper reflection of restorative justice following sexual abuse. This publication also speaks to the frequent concerns and criticisms surrounding restorative approaches to gendered violence, including issues of patriarchal systems of domination, minimisation of the experiences of women, and the reinforcement of prevailing power structures which contribute to women's subordination within the social hierarchy.

Aiming to understand the emotion, meaning making and motivations of individuals who might participate in restorative justice in such situations, Marinari's research is embedded in the range of women's lived experiences, their feelings, and their often-disguised realities. Marinari achieves this through a combination of reflectivity, collaboration, and the favouring of each participant's voice in the findings of this study. Drawing from a small cohort of six participants, those involved are homogenous in their ethnicity, race and gender, along with their claimed identity as survivors of sexual abuse. While unusual for participants in an IPA study to share a large range of similarities, those in this study differed in their age, educational achievement, and social background, their experiences of sexual abuse, their experience in reporting their abuse to the police (or their willingness to do so), the outcome of their reporting, and their views on restorative justice and its applicability to their individual circumstances.

Marinari begins by introducing the reader to the concept of an IPA study, outlining the steps taken to portray the numerous cycles of both interpretation and reflection. Here, she discusses what this text aims to investigate and achieve, and the research objective it seeks to satisfy. It is in this initial chapter that Marinari also recognises the limitations of this study, indicating that further research, utilising other methods, is needed to consider how her theoretical insights might be applied to such a serious crime. The second chapter provides the reader with an easily-accessible introduction to the academic evidence that supports this research, allowing for laypersons and those less familiar with the concept of restorative justice to better understand its chief principles and its application following instances of sexual violence and abuse. This chapter further illuminates the justice needs of survivors, the ability of restorative justice to meet those needs, and the importance of timing when handling such cases: a consideration which, when done correctly, can increase its likelihood of success.

The third chapter explains how the interviews with the participating survivors were conducted, along with their initial considerations of restorative justice. Marinari contextualises her research findings, thereby delivering a better understanding of the lived experiences of the participating survivors, and fully immersing the reader in their lives. The fourth chapter shares the main findings of Marinari's study, presenting three theoretical insights that are illustrated by utilising extended excerpts from each participant. Survivors of sexual abuse are intertwined in complex, triangulated relationships with both their abuser and the enabler of, or bystander to, their abuse. By uncovering such relationships, this chapter highlights the need for the impact of their abuse to be acknowledged and recognised.

Chapter 5 interweaves the key components from this research with the existing academic literature on the topic to form an analytical commentary, ultimately developing new knowledge in this field. This chapter explores both the justifications for, and potential outcomes of, restorative justice processes with enablers of abuse, alongside their role as stakeholders and their ability to enhance the recognition felt by survivors taking part in the process. In the penultimate chapter, Marinari translates theory into practice by drawing upon the collective knowledge built throughout this publication. This chapter reflects on the principles of restorative justice that are needed to implement such a programme in both a safe and ethical manner. Here, Marinari presents a three-stage process by which survivors may access restorative justice services. First, through general access to information surrounding sexual violence and abuse. This is to lessen the stigma and shame associated with such offences, and to educate individuals about the reality of sexual violence. The second stage then facilitates contact and/or a meeting between the survivor and bystanders or enablers to their abuse, while the final stage is a facilitated meeting with their abuser. This allows more research and collaboration opportunities to take place by widening the scope at which survivors can access the service.

The concluding chapter explores what Marinari's radical propositions might mean for academics, specialists, and survivors alike, who seek out restorative justice processes with the enablers of their sexual abuse. While the text is largely theoretical, it is hopeful that this contribution will have an impact on the discourse surrounding sexual abuse and restorative justice among proponents and practitioners, and that these participants’ shared voices will contribute to improvements in service provision for others.

Although Marinari persuasively demonstrates that the principles of restorative justice can be applied to sexual abuse cases, she does not attempt to prove, nor attempt to suggest, that this is the sole possible interpretation of the material. Rejecting responsibility for demonstrating to the reader that this additional step in the restorative process will better the experience for those who take this route to justice, Marinari, instead, obliges the readers to discern for themselves the extent to which her findings may be transferable to other specific cases. By doing this, Marinari avoids the task of demonstrating how this research might be generalised and adapted to the very real circumstances in which survivors navigate.

Marinari's argument for the inclusion of bystanders or enablers of sexual abuse in the restorative justice process is an enticing one, if idealistic. There is the potential for individuals to adopt a vigilant stance against sexual violence and its perpetrator after the fact. However, as always, there remains the potential for those who have been invited to take part to retraumatise the survivor by rejecting the notion that they might bear any responsibility for the actions of the abuser. Not everyone will have the same hypothetical willingness as Marinari to sit with a survivor of sexual abuse and hear that they unwittingly contributed to their exploitation. Blame can be attributed to complicit or ignorant adults. However, for those who were also children at the time, and who had neither the reasoning nor the resources to assist the survivor, do they still bear the brunt of accountability for their trauma? This is something only a survivor can answer. While conventional restorative justice approaches place the onus for the harm caused squarely upon the abuser(s), Marinari's hypothetical scenario involves a larger, more complex, cohort of individuals who each possess varying degrees of culpability.

Despite this, Marinari's approach can broaden the point of access for survivors who seek justice beyond the narrow remit of the criminal justice system. By exploring these opportunities, this publication asks: does restorative justice have to involve the abuser? It is a well-poised, valid and thought-provoking enquiry that leaves the reader questioning whether our current means of delivering restorative justice is best suited to all those affected by sexual violence. By hypothetically providing ample opportunity for laypersons to be armed with the knowledge and skills to prevent such offending in the future, Marinari's research provides a blueprint for advocates and practitioners of restorative justice better to address the justice needs and interests of survivors. This approach also presents a possible solution to the hesitancy surrounding its use following such serious offending. While the prevention and intervention of sexual abuse is inextricably connected to the overt behaviour of the abuser, and the positioning of the bystander/enabler and the survivor at the time, this approach assists in presenting a coherent narrative to the inherent, and oftentimes misunderstood, power dynamics of sexual abuse. This is a vital step towards improving our ability to combat the pervasive nature of such acts of gendered violence.