Gender and the Law Prof Blog

Editor: Tracy A. Thomas
University of Akron School of Law

Wednesday, December 4, 2019

A Story of Mediation and Restorative Justice in a Rape Case

My Justice Dream

This past summer, I sat in an eight-hour mediation circle with the man who raped me. My mom and sister also participated as impacted community members. Two mediators held the space and actively worked to safeguard triggers. They asked us only one question: What brought you here today? 

All of this occurred after several months of therapy and extensive education in consent and patriarchy for my assailant. It was the outcome that I fought for.

This was an exercise in restorative justice (RJ)—and my mediation circle marked one of the first times in North America that a sexual assault case in the legal system concluded with one.***

When I was subpoenaed for a criminal trial, I considered dropping the charges completely—but I was still holding onto my justice dream. At the urging of a friend, I began researching ways to make it happen. I connected with an RJ-aligned lawyer, and we called a meeting with the crown; my proposal was met with a condescending assumption that I didn’t understand how bad rape is.

My response? “I believe that rape is so bad that we have to consider alternative options. We know that incarceration often leads to recidivism and that acquittals are too common. Rates of sexual assault are not declining. It’s time to try something different.” Despite the push back from prosecutors aligned with the punitive system, we eventually got a yes.

https://lawprofessors.typepad.com/gender_law/2019/12/a-story-of-mediation-and-restorative-justice-in-a-rape-case.html

Courts, Violence Against Women | Permalink

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