When the Psyche is the Crime Scene: The Criminal Legal System's Failure to Meaningfully Respond to Crimes of Sexual Violence

Abstract

In this paper, I discuss what happens when sexual interactions involve wrongdoing but are not typically recognized as rape by the criminal legal system, even though they are legitimate instances of sexual wrongdoing that require redress. A lack of response by the criminal legal system can negatively affect those who are wronged sexually in this way. And even when the criminal system does recognize an instance of sexual wrongdoing, the response is insufficient. The wronged individual is frequently rendered a mere pawn int he prosecutor's pursuit of incarcerating the wrongdoer, which continues the objectification of the person wronged begun by the assault. In contrast, restorative justice can help a wronged individual reassert their subjectivity to the one who initially objectified them. So, I offer restorative justice as a viable alternative to our current criminal legal regime because it seeks to support those wronged by sexual violence as they heal in addition to rehabilitating those who perpetuate sexual wrongdoing, thereby protecting the public safety and helping to make real change.