What Survivors of Sexual Harm Want

*Content Warning: This article includes information from people who have been impacted by sexual harm.

At a panel discussion about violence against women, the CJI host asked, “In what ways did the traditional justice system meet your needs as a survivor?” To everyone’s surprise, the panelists unanimously agreed that nothing about the legal process made them feel cared for. Frustrated with their experiences, they had all sought restorative justice options.

In Canada, the traditional justice system focuses on punishing the offender. This seems like the right way to deal with the profound harm caused by sexual violence. “But punishment does not address most of the things survivors of sexual trauma want,” says Kate Crozier, CJI’s Interim Executive Director.

Previously, Kate worked with women who experienced sexual violence. For the past 12 years, Kate has been on staff with CJI’s Revive program, working with people impacted by sexual harm. She says that survivors often express common desires.

Many survivors want:

1. The person who caused harm to admit what happened

2. To know why they were chosen as the victim

3. To be assured it won’t happen again

“The legal system does not provide these things,” says Kate. Deanna agrees. “I lost control when I was assaulted and continued to lack control through the whole [justice] process.” Deanna is a survivor and volunteer facilitator with CJI’s Revive program. Kate affirms that survivors often feel re-victimized by the traditional justice system because the process focuses on punishing the offender, not meeting the needs of survivors.

Deanna reported their assault to the police to prevent others from being hurt. They wish they knew about Restorative Justice options, such as Facilitated Dialogue. “I would have loved having more control.”

Facilitated Dialogue is a flexible process built around the needs of people impacted by sexual harm. CJI facilitators ask survivors interested in a Facilitated Dialogue, “What does healing look like for you?” and “What does justice look like for you?” Facilitators spend extensive time preparing all dialogue participants before they meet. The process moves at the speed participants want and may stop and start for months or even a few years. Survivors and those who caused harm may exchange letters through a facilitator, meet by video, meet in person or not at all.

“Restorative Justice is about preparing two parties to have a conversation with one another so they can co-determine what the resolution will look like, while also trying to rebuild the relationship,” says Kate. She adds, “We take a moral position against sexual harm and we believe restorative justice meets survivors’ needs.” Kate has observed that sometimes survivors mistakenly believe they did something to invite the abuse. “It is beautiful for people who caused harm to relieve them of that guilt when they say, ‘It wasn’t your fault.’”

“We need to pivot away from leaning so hard on the legal system, and find other ways to meet survivors’ healing and justice needs,” says Kate. She believes survivors need a menu of options—that includes restorative justice.

“Restorative Justice has allowed me to heal in ways I wouldn’t have otherwise, “says Deanna. They acknowledge it’s not for everyone, but say, “Don’t close the door for people exploring alternatives to the legal system. Make space for Restorative Justice for people who feel it’s more in line with what they need to heal.”

Skeptical? READ Can Accountability and Support for Sex Offenders Prevent Sexual Abuse?

Curious? READ How CJI Provides Accountability and Support for Sex Offenders

Convinced? DONATE to CJI’s Rise for Revive campaign to raise $25,000 to help survivors