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    Balancing risk in sexual violence restorative justice : professional views on risk assessment for restorative justice processes addressing sexual violence : a thesis presented in partial fulfilment of the requirements for the degree of Doctorate in Clinical Psychology at Massey University, Wellington, New Zealand
    (Massey University, 2024) Bremer, Charlotte (Charlie) Grace
    Sexual violence is an ongoing international human rights issue, often resulting in significant negative impacts, and not always well addressed within conventional criminal justice systems. Restorative justice following sexual violence (SVRJ) is a victim-centred justice process showing significant benefits for victim-survivors (including meeting justice needs and supporting recovery), perpetrators of harm (including insight, community reintegration, and reduced reoffending), and wider communities (encouraging accountability and addressing harmful beliefs). However, there is a risk of causing further harm through SVRJ, meaning professionals in this space have an obligation to manage risk as best as possible. Risk of further harm is one reason why SVRJ is not particularly common around the world, and why opinions are often divided regarding the appropriateness of its use. Currently, there are no standardised guidelines for assessing risk within SVRJ. Instead, professionals may rely on their judgement alone, which is the least reliable and valid method of risk assessment. The current research seeks to address this by investigating professional perspectives about the factors important within SVRJ risk assessment, and subsequently developing SVRJ risk assessment guideline recommendations, which could enable a structured and more reliable approach to SVRJ risk assessment. Professionals (n=16) experienced in the areas of SVRJ and RJ risk assessment were interviewed about their experiences of SVRJ risk assessment, particularly what they considered within their assessments and risk-related decisions. Interview data were analysed using reflexive thematic analysis, with four themes identified: perceived participant preparedness, safe support systems, culturally competent assessment, and participant alignment. These findings formed the basis for developed SVRJ risk assessment guideline recommendations. Wider implications of the findings for SVRJ risk assessment, policy and practice are discussed. It is hoped that this research provides important insight into SVRJ professional practice and risk assessment and contributes to the safe use of SVRJ both in Aotearoa New Zealand and internationally, allowing more people to access the benefits of SVRJ in safe and considered ways.
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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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    Breaking the silence : restorative justice and child sexual abuse : a thesis presented in partial fulfilment of the requirements for the degree of Doctor of Philosophy in Social Policy at Massey University, Albany, New Zealand
    (Massey University, 2001) Jülich, Shirley Jean
    This research investigated the relationship between justice and child sexual abuse from the perspective of adult survivors. Utilising participant observation, unstructured interviews and focus groups within a feminist framework, 21 adult survivors of child sexual abuse (18 women and 3 men) were consulted to identify issues that were problematic for them. In addition, 2 jurors, 1 judge and 2 counsellors were interviewed. The findings indicated that child sexual abuse has been shrouded by a conspiracy of silence, caused partly by deeply entrenched structures within society. These forces combined with the complexity of recovery, including the possible impacts of Stockholm Syndrome, and the perceived inability of the criminal justice system to meet their needs, have appeared to silence many survivors of child sexual abuse. A review of the economic consequences and an analysis of the subsequent costs of child sexual abuse have indicated the need to implement programmes that would lessen the burden for victims, offenders, their families and the broader society. Survivors cautiously suggested that restorative justice might be sufficiently flexible to encourage victims of child sexual abuse to criminally report, thereby breaking the silence. A cost benefit analysis of a restorative justice programme indicated that significant savings could be made and highlighted that the prevention of child sexual abuse should be a priority. The findings of this research would have implications for policy makers and all those who provide services to victims and offenders of child sexual abuse. Stockholm Syndrome has highlighted the complexity of the recovery process for victims of child sexual abuse. This syndrome combined with the concerns of adult survivors of child sexual abuse would have implications for practitioners within the traditional criminal justice system and the restorative justice movement. Finally, the costs of child sexual abuse in New Zealand would have implications for justice agencies, health agencies, social welfare organisations and the Accident Compensation Corporation of New Zealand.
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    The strategic use of terminology in restorative justice for persons harmed by sexual violence
    (Eleven International Publishing, 10/09/2020) Julich S; Molineaux J; Green M
    An argument for the importance of strategically selected terminology in the practice of restorative justice in sexual violence cases is presented through reviews of restorative justice, communication, social constructivist and feminist literature. The significance of language and its impact on those who use it and hear it is established from its use in classical antiquity, psychotherapy and semantics. The use of the terms ‘victim’ and ‘survivor’ is explored in the fields of legal definitions and feminist theory. Reports in the existing restorative justice literature are used to bring together the literature on the impact of the use of terminology and the legal and feminist understandings of the significance of the use of the terms ‘victim’ and ‘survivor’. We argue that the restorative justice practitioner has a crucial role in guiding the person harmed in sexual violence cases in the strategic use of ‘victim’ and ‘survivor’ to enhance the positive impact of terminology on the persons harmed in acts of sexual violence. Conclusions from our explorations support the creation of a proposed sexual violence restorative justice situational map for use as a navigational aid in restorative justice practice in sexual violence cases.