Abstract
This paper questions applicability of restorative justice in cases of sexual violence. Specific nature and serious consequences of sexual violence are the reason why this question appeared. In order to find out the answer, authors represented the characteristics, mechanisms and nature of restorative justice, offering in the same time comparition of arguments in favor and against of applicability of restorative justice in this, particulary sensitive type of criminal offences. Together with review of different theoretical approaches to this matter, authors tested applicability of restorative justice in cases of sexual violence in Bosnia and Herzegovina. In this paper normative, comparative and historical scientific methods have been used.
Highlights
The establishment of restorative justice, brought about by the criticism of the application of retributive justice over the centuries, gave hope to both scholars and practitioners that the voice of victims would be heard loudly and that a new cathartic approach toward the perpetratorEven though we can testify to its evolution and point out numerous discussions and debates among scholars and practitioners on general aspects of restorative justice, it is important to wonder whether restorative justice is applicable to all criminal offences, regardless of their nature[5]
The term restorative justice is believed to have been invented and first used by Albert Eglash in 1977, who noted three types of a criminal justice system: “a retributive justice based on the penal system; a distributive justice based on the therapeutic treatment of the offender, and a restorative justice based on restitution, or compensation of the damage caused by the criminal offence”.11During the nineteen-seventies, the inefficiency of the traditional retributive criminal justice system had become a “trigger” for many critical comments
As it has been mentioned above that in global mediation vis a vis property claim, work for the common good at liberty, a conditional sentence, police warning and educational recommendations are possible forms/ manifestations of restorative justice in the BH legal system, after testing the objective condition for application of those forms of restorative justice, we have come to the following conclusions: Mediation and property claim, according to the positive criminal codes, may be applied to all basic forms of sexual offences since its objective criteria is referring to all criminal offences
Summary
The establishment of restorative justice, brought about by the criticism of the application of retributive justice over the centuries, gave hope to both scholars and practitioners that the voice of victims would be heard (more) loudly and that a new cathartic approach toward the perpetrator. The nature of sex offences is what makes them peculiar as compared to other criminal offences They are deeply intimate criminal offences, which even when diverse in its forms, cause universally scientifically recognised consequences to victims[8]. The aim of this paper is to establish if the application of restorative justice, for the purpose of crime prevention, would be possible for such deeply intimate cases, or would its mechanisms result in creation of an environment for the possibility of a secondary victimization. Normative, and comparative scientific methods, this discussion will fall into three main parts: Part II is a brief overview of restorative justice, establishing its aim and its principles and tools, so that they may be tested as to whether they would be appropriate to use for sex offence cases. Part IV questions the applicability and eligibility of restorative justice in sex offence cases in Bosnia and Herzegovina, by bringing in the correlation of positive criminal law provisions referring to restorative justice and sex offences
Sign-in/Register to view highlights & summary Sign-in/Register to access full text options 
Free) 
Talk to us
Join us for a 30 min session where you can share your feedback and ask us any queries you have
Schedule a call
