restorative justice

Introduction

Adolescents who display sexually harmful behaviour present a number of challenges for workers within both the criminal justice and child welfare settings.

Many of these challenges are especially problematical but few are so unique that they don't have similar parallels in more general work with adolescents. One such challenge is how to best address the needs and interests of abusers, their victims, families and the community at large.

Restorative Justice (RJ) is by definition and necessity primarily focussed in this triangle of mutual interest and as such can offer a potentially powerful tool to employ in working with adolescent sexual abusers and the victims of their behaviour. Yet, very few RJ projects or Sexually Harmful Behaviour Teams have embarked on a restorative approach to work with adolescent sexual abusers.

The development of theory and practice in relation to work with adolescent sexual abusers over the past decade combined with the exciting and vigorous development of RJ practice which followed the implementation of The Crime and Disorder Act 1998 has brought about a situation where for the first time we can consider interventions which put an emphasis on a genuinely multi-disciplinary approach that considers the interests and needs of victims as well as the need to address the abusive behaviour.

The challenges around this area are self-evident; the difficulties of rehabilitation, significant levels of offender denial and the masking effect of cognitive distortions, make adolescent sexual abusers a problematic group to work with. In the past, the prevailing view of adolescent sexual abusers saw them as 'miniature adult' offenders which applied theories of the pathology of adult sex offenders which often put them beyond the reach of mainstream youth justice approaches.

Recent changes in the responses to addressing this type of behaviour draws a distinction between an adult model of offender pathology and the features of adolescent sexual abuse. It acknowledges the experimental nature of some sexual abuse, putting it within the context of an adolescents developing sexuality, it also acknowledges that sexual abusers may themselves have experienced trauma, abuse, loss or rejection.

Sexual abuse can devastate individual lives, of both the abuser and the victim; but it also can have massively damaging effects on all those affected by the behaviour; siblings, parents, carers, extended family and even the broader community.

Restorative Justice (RJ) takes an approach which focuses on repairing the harm done by behaviour in the broader context. It recognises the 'ripple effect' of harmful behaviours and puts the emphasis on restoration, repair and re-integration.

Victims of sexual abuse are often the forgotten element of statutory agencies charged with the responsibility of addressing sexual abuse. Until recently, victims have been ignored by mainstream criminal justice; in respect of the victims of sexual offending this can have even more profound and far reaching consequences. It is critical that this ignorance is not replicated by the exclusion of the consideration of a restorative justice perspective.

In respect of victims gaining a sense of closure and answering key questions about safety and security; in the current arrangements they are often denied that opportunity. There are few safe channels for communication and dialogue with the abuser open to them. If fortunate, they may be given some limited support to overcome the trauma of the abuse, rebuild confidence and sense of security and if very fortunate address the disruption and dislocation resulting from the abuse and others reaction to it. We also need to be mindful of the recent attention being paid to resilience factors which assist victims to overcome trauma and severe adversities. Simple approaches to resilience factors are inappropriate, as resilience is contextual and changes over time both developmentally and in response to levels of support and environmental factors. Recently victim trauma therapists have described helping 'clients' re-author new narratives through telling their stories and having their experience acknowledged. What does Restorative Justice do if it doesn't create the conditions necessary for victim's stories to be heard, and heard by those who matter the most.

Restorative Justice is rapidly gaining confidence and expertise in its application; as practitioners we see a range of interventions which might take different forms and employ different methods but are bound together by a consistency of belief and philosophy.

One strand of that belief is a recognition that through participation in the process the 'key players' gain some empowerment through regaining some control over events and taking some responsibility for 'putting right' the harm done. Sometime this is rather easier to say than to do but it says something profound about a process which is' future focused' and not attempting to favour the narrow interests of one individual at the expense of the needs and rights of another.