Journal Articles

Permanent URI for this collectionhttps://mro.massey.ac.nz/handle/10179/7915

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    Professional insights into sexual violence restorative justice risk assessment, Recommendations for practice
    (Taylor and Francis Group, 2025-05-09) Bremer C; Fletcher RB; Shepherd M; Jülich S
    Conventional criminal justice systems are often ill-placed to offer appropriate justice responses for victim-survivors of sexual violence. Restorative justice following sexual violence (SVRJ) is a trauma-informed victim-centered justice process showing significant benefits for victim-survivors (e.g. meeting justice needs, supporting recovery), perpetrators (e.g. improved insight, community reintegration, reduced reoffending), and their wider communities (e.g. encouraging accountability, addressing harmful beliefs). Careful risk assessment within SVRJ is vital to preventing secondary victimization, yet standardized SVRJ risk assessment guidelines are not currently available in Aotearoa New Zealand. SVRJ professionals (n = 16) engaged in semi-structured interviews exploring their perspectives and experiences of SVRJ risk assessment. Data were analyzed by reflexive thematic analysis resulting in four themes: perceived participant preparedness, safe support systems, culturally competent assessment, and participant alignment. These themes formed the basis for the developed SVRJ risk assessment guideline recommendations. Wider implications of the findings are also discussed. The research contributes to understandings of SVRJ risk assessment and professional practice.
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    Restorative Justice Responses to Sexual Violence: Perspectives and Experiences of Participating Persons Responsible and Persons Harmed
    (Taylor and Francis Group, 2024-04-03) Jülich S; Brady-Clark M; Yeung P; Landon F
    The failings of mainstream Western criminal justice systems in dealing with sexual violence cases, including the potential revictimization and retraumatization, are well established. Accordingly, demand has grown for alternative justice mechanisms. Project Restore NZ is funded by the New Zealand government to facilitate specialist restorative justice processes for sexual violence cases in Aotearoa New Zealand. Referrals come both from the community and from the New Zealand criminal justice system. This research investigated the experiences and perspectives of both persons harmed and persons responsible who undertook a restorative justice process through Project Restore. A survey was made available to participants between 2016 and 2019 and was completed by 37 persons harmed and 28 persons responsible. Comprising both multi-choice quantitative and open-ended qualitative questions, the survey explored the preparatory stage, motivations, and outcomes of the restorative justice process, as well as the emotional and practical experiences of the process itself. Although there is some variation in responses, the findings indicate that a majority of both persons harmed and persons responsible generally had positive perspectives on and experiences of the restorative justice processes offered by Project Restore.
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    Homosociality, Sexual Misconduct and Gendered Violence in England’s Premodern Legal Profession
    (Oxford University Press, 30/09/2022) McVitty E
    Fifteenth- and sixteenth-century evidence shows that common lawyers and law students regularly engaged in sexual misconduct and violence against women. Social histories of the early legal profession give little attention to such incidents, treating them as aberrations or as the ‘natural’ excess of privileged youth. By contrast, this article uses gender analysis to argue that sexual misconduct and gendered violence were structural features of all-male legal culture, contributing to homosocial bonding and to lawyers’ performance of masculinity. Records from the Inns of Court, London civic administration and royal government reveal law students asserting manhood through shared involvement in sexual misconduct and violence. However, it is significant for the history of the profession that young men were not the only offenders. While senior practitioners condemned misconduct and violence in rules and disciplinary regulations, in practice they shielded fellow lawyers from consequences and participated themselves. As perpetrators went on to become barristers, serjeants-at-law, judges and public office-holders, a tradition of toleration and intergenerational complicity was sustained across time. These findings generate new insights into how the training and socialization of lawyers contributed to the gendered violence inherent in the patriarchal judicial system of pre-modern England.