Abstract

This paper presents findings from a study exploring the experiences and viewpoints of conventional criminal justice actors, social and legal service providers, and restorative justice (RJ) conference facilitators/convenors regarding the use of adult RJ conferencing in cases of intimate partner, domestic, family (IPDFV) and sexual violence (SV). Results indicated strong views about what IPDFV/SV victims needed from a system of justice, perceived failings of conventional justice systems in this regard, and the potential of RJ to deliver more efficacious justice. Nevertheless, using RJ in these cases posed concerns and challenges. Research participants identified steps that could be taken to overcome these issues through an RJ best practice framework underpinned by a victim-centred approach committed to victim empowerment, safety, healing, and practitioner training.

Highlights

  • Intimate partner, domestic, family violence (IPDFV), and sexual violence (SV) constitute the most pervasive forms of gender-based violence, or violence against women, in Australia, and internationally (Australian Institute of Health and Welfare 2018; WorldHealth Organization 2013)

  • We present findings from a qualitative study undertaken in Queensland exploring the experiences and viewpoints of practitioners and IPDFV/SV service providers regarding the use of adult restorative justice (RJ) conferencing in cases of gender-based violence

  • From the perspective of these practitioners and service providers we sought to: (1) understand what victims of IPDFV/SV need from a system of justice; (2) discern the perceptual benefits and challenges of utilising adult RJ conferencing in IPDFV/SV cases; (3) establish what a best practice adult RJ conferencing framework might encompass; and (4) identify the potential training needs of RJ conference facilitators/convenors

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Summary

Introduction

Since the late 1960s, there have been increased efforts to reduce IPDFV/SV and improve responses to victims through legislative reforms, changes in conventional criminal justice policies and practices, and in the use of civil justice mechanisms. To date, there is limited evidence to suggest reforms and current approaches are working to reduce offending, increase efficacy of outcomes, or improve victim perceptions and experiences of justice (Daly 2011). We present findings from a qualitative study undertaken in Queensland exploring the experiences and viewpoints of practitioners (conventional criminal justice actors and RJ practitioners) and IPDFV/SV service providers (social and legal) regarding the use of adult RJ conferencing in cases of gender-based violence. Following our review of prior research literature and discussion of methodology, we present our research findings and conclude with discussion of identified challenges and risks in using RJ for IPDFV/SV, as well as a summary of suggestions on how these can be best mitigated

Literature Review
Methodology and Research Participants
Victims’ Justice Needs
Empowerment and Control
Conventional Justice Systems
Victim Disempowerment and Lack of Control
Lack of Offender Accountability and Change
Benefits of RJ
The Challenges of RJ
Perpetrator Accountability and Apologies
One-Off Incident
Broader Social-Structural and Symbolic Implications
Indigenous Peoples
Best Practice
Pre-Conference
In Conference
Post-Conference
Training
Findings
10. Summary and Discussion
Full Text
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