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UCC North South Criminology/CCJHR Postgraduate Conference 20-21 June 2013 Is it Time to Consider Restorative Justice as a Potential Method of Addressing.

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Presentation on theme: "UCC North South Criminology/CCJHR Postgraduate Conference 20-21 June 2013 Is it Time to Consider Restorative Justice as a Potential Method of Addressing."— Presentation transcript:

1 UCC North South Criminology/CCJHR Postgraduate Conference 20-21 June 2013 Is it Time to Consider Restorative Justice as a Potential Method of Addressing Sexual Violence in Ireland ? Dr. Marie Keenan (marie.keenan@ucd.ie) and Niamh Joyce (niamh.joyce@ucd.ie) School of Applied Social Science, University College Dublin

2 Core Principles of Restorative Justice (RJ) Applied to Sexual Violence Victim-led approach Offender takes responsibility for the harm caused Participation by victims and offenders must be on a voluntary basis Safety for all is paramount Preparation is key UCC North South Criminology/CCJHR Postgrad Conference, 20-21 June 2013: Dr. Marie Keenan and Niamh Joyce

3 The Extent of the Problem of Sexual Violence in Ireland Population 4.3 million people (2006 Census) 42% females and 28% males sexual violence over life-time (McGee et al., 2002: xxxii) One third of Irish Females (30.3%) sexual abuse in childhood: contact (20.4%) non-contact (10%) Almost a quarter of Irish Males (23.6%) experienced sexual abuse in childhood contact (16.2 %) and non-contact (7.4%) Rape studies – high attrition rates in Ireland (Report (1/10 (SAVI), Prosecute (1/3) and Trial (2/5)) (Lovett and Kelly 2009; Hanly, Healy and Scriver 2009) European Comparative study 8/100 Irish rape cases resulted in conviction (Lovett and Kelly 2009: 74) Reports into abuse in industrial and reformatory schools run by religious orders on behalf of the Irish State and the Catholic Church UCC North South Criminology/CCJHR Postgrad Conference, 20-21 June 2013: Dr. Marie Keenan and Niamh Joyce

4 Recommendation of the National Commission on Restorative Justice (2009) « While no offence should in principle be excluded from the restorative process, certain serious offences such as sexual assaults should be excluded from the initial phases of implementation » (NCRJ 2009: 81) Ireland progressed beyond the « initial phases of implementation » and time to consider RJ cases of serious offences A.Developments in RJ programmes in Ireland [New and Old] B.International Developments : Empirical Literature and Practice C.Preliminary findings from Research (Facing Forward/Dr. Marie Keenan « Sexual Abuse and Trauma: Restorative and Transformative Possibilities? ») UCC North South Criminology/CCJHR Postgrad Conference, 20-21 June 2013: Dr. Marie Keenan and Niamh Joyce

5 (B) Research on International Developments in the Context of RJ and Sexual Violence European Commission (DAPHNE III ) funded project: Developing integrated responses to sexual violence: An interdisciplinary research project on the potential of restorative justice Supervisor: Prof Dr Ivo Aertsen, LINC, Katholieke Universiteit Leuven, Belgium Senior Researchers: Dr Marie Keenan, School of Applied Social Science, University College Dublin (Ireland) Dr Estelle Zinsstag, LINC, Katholieke Universiteit Leuven (Belgium) Research Assistants: Dr. Daniela Bolivar Fernandez, LINC, Katholieke Universiteit Leuven (Belgium) Ms Niamh Joyce, School of Applied Social Science, University College Dublin (Ireland UCC North South Criminology/CCJHR Postgrad Conference, 20-21 June 2013: Dr. Marie Keenan and Niamh Joyce

6 (1) Concerns for Victims Re-victimisation and power imbalances Subtleties of re-victimisation Safety UCC North South Criminology/CCJHR Postgrad Conference, 20-21 June 2013: Dr. Marie Keenan and Niamh Joyce

7 Addressing the Concerns for Victims Voluntary participation Preparation Ongoing risk assessments throughout RJ process Physical and emotional safeguards Training and experience of facilitators to recognise any subtle or obvious forms of re-victimization Choice of direct (face-to-face) or indirect (e.g. shuttle dialogues or correspondence via letter or video) RJ UCC North South Criminology/CCJHR Postgrad Conference, 20-21 June 2013: Dr. Marie Keenan and Niamh Joyce

8 (2) Concerns for Offenders Suitability of sex offenders to RJ processes Due process rights of offenders: right to a fair trial right to be presumed innocent right to legal counsel right against self incrimination UCC North South Criminology/CCJHR Postgrad Conference, 20-21 June 2013: Dr. Marie Keenan and Niamh Joyce

9 Addressing the Concerns for Offenders Suitability: Risk assessment Preparation Due process rights: Participation is voluntary Legal representative may sit in on the RJ meeting Right to withdraw from the RJ process at any time Procedural safeguards such as confidentiality safeguards (e.g. Belgian 2005 legislation on confidentiality safeguards for victim- offender mediation) UCC North South Criminology/CCJHR Postgrad Conference, 20-21 June 2013: Dr. Marie Keenan and Niamh Joyce

10 (3) The Relationship Between RJ and the Criminal Justice System Should RJ take place within, parallel to or outside of the criminal justice system? Practice in the area of RJ and sexual violence suggests that RJ processes should be accessible to victims of sexual crime at all stages of criminal proceedings as well as outside of the criminal justice system U.N. Declaration of Basic Principles of Justice for Victims of Crime and Abuse of Power (1985): victims are entitled to access to the mechanisms of justice - justice in every sense of the word? UCC North South Criminology/CCJHR Postgrad Conference, 20-21 June 2013: Dr. Marie Keenan and Niamh Joyce

11 1. Article 1 of EU Directive 2012/29/EU (Victims' Directive) on Minimum Standards on the Rights, Support and Protection of Victims of Crime: Member States shall ensure that victims are recognised and treated in a respectful, sensitive, tailored, professional and non- discriminatory manner, in all contacts with victim support or restorative justice services or a competent authority, operating within the context of criminal proceedings. UCC North South Criminology/CCJHR Postgrad Conference, 20-21 June 2013: Dr. Marie Keenan and Niamh Joyce

12 (4) Outcomes: Growing Body of Empirical Literature High levels of victim and offender satisfaction with the RJ process in the context of sexual violence (including the preparation stage and the RJ meeting) across all RJ programmes evaluated Improvements in psychological well-being of victims and offenders; reductions in victims post-traumatic stress disorder RJ assists with offender reintegration (within the community/family) High levels of satisfaction among the families, friends and communities of victims and offenders RJ may reduce re-offending rates in cases of sexual violence UCC North South Criminology/CCJHR Postgrad Conference, 20-21 June 2013: Dr. Marie Keenan and Niamh Joyce

13 (C) UCD/Facing Forward: Sexual Trauma and Abuse: Restorative and Transformative Possibilities? Research Questions: 1.Are there unmet needs following involvement in criminal justice and other systems and what are they? 2.Do we need restorative justice programmes as an additional response to sexual crime and its aftermath in Ireland? 3.What are the specifics to be considered in designing restorative justice Programmes for sexual violence? UCC North South Criminology/CCJHR Postgrad Conference, 20-21 June 2013: Dr. Marie Keenan and Niamh Joyce

14 Unique Study – A National Conversation: N = 136 (ongoing) Victim / Survivors (29) Offenders (in Custody and Community) (23) Families of Victims (0) Family/Partner of Offenders (2) Judges at all levels of Criminal Justice System (5) Former Director of Public Prosecution (1) Barristers and Solicitors (2) Gardaí (Irish Police Force) (5) Prison Officers / Prison Management (11) Prison Chaplains (5) Probation Service (5) Clinicians and Advocacy Groups for Victims (12) Clinicians for Offenders / both (16) Bishops / Religious Leaders (9) Senior Politicians Both Houses of the Irish Dail (Parliament) (5) Print and Broadcast Media (6) UCC North South Criminology/CCJHR Postgrad Conference, 20-21 June 2013: Dr. Marie Keenan and Niamh Joyce

15 Preliminary Findings: Offenders Offenders feel obligated to do something restorative to help victim if they were asked, feel they owe it to the victim – but would be frightened, embarrassed, ashamed. With few exceptions offenders treated with respect by the Police in Ireland Offenders would go for help earlier if they knew they would be treated with respect by therapeutic services– a regret for many that they did not seek help Stigmatization and fear of consequences prevents offenders from seeking help UCC North South Criminology/CCJHR Postgrad Conference, 20-21 June 2013: Dr. Marie Keenan and Niamh Joyce

16 Preliminary Findings: Offenders (2) Media: stigmatization and given a life sentence by media regardless of what sentence imposed by the courts Lack of Understanding of themselves and why they did the crime – lack of understanding in society of sexual crime Ripple effect of harm on offenders family – Need for family reconciliation work – RJ with family of origin UCC North South Criminology/CCJHR Postgrad Conference, 20-21 June 2013: Dr. Marie Keenan and Niamh Joyce

17 Preliminary Findings: Victims Court Processes daunting and not given enough information Treated with respect by police Shame prevents them telling whole story – even to police Would like more representation in court to protect their interests Counselling of benefit – wished they accessed earlier UCC North South Criminology/CCJHR Postgrad Conference, 20-21 June 2013: Dr. Marie Keenan and Niamh Joyce

18 Preliminary Findings: Victims (2) Media: Mixed feelings– grateful but aware of danger of sensational stories Would like opportunity to be afforded to them to meet offender at time of their choosing – after conviction secured Restorative needs differ Clerical abuse – handling by hierarchy added to the trauma Like RJ for all Church personnel involved in responding to their cases Like RJ for family of origin in intra-familial cases UCC North South Criminology/CCJHR Postgrad Conference, 20-21 June 2013: Dr. Marie Keenan and Niamh Joyce

19 Conclusion International and National Developments / Evidence indicate potential for Restorative Justice in cases of Sexual Violence in Ireland Additional service to sit alongside CJS - in cases where this is possible Building Societal Support for RJ: The Dialogue has Begun Awareness of the Prevalence and Effects of Sexual Violence – EU Victim Directive Restorative Justice and Sexual Violence: Ireland Joins the International Debate (Keenan and Joyce) Restorative Justice, Sexual Crime and the Criminal Justice System (Joyce and Keenan) UCC North South Criminology/CCJHR Postgrad Conference, 20-21 June 2013: Dr. Marie Keenan and Niamh Joyce

20 References EU Directive 2012/29/EU (Victims' Directive) on Minimum Standards on the Rights, Support and Protection of Victims of Crime available at: http://db.eurocrim.org/db/en/doc/1699.pdf accessed 02/08/2013 Gavin, P. and Joyce, N. (2013), Restorative Justice in the Republic of Ireland: Reports, Recommendations and Developments, The Irish Review of Community Economic Development Economic Law and Policy, 2/1: 6-20. Hanley, C., Healy, D. and Scriver, S. (2009) Rape and Justice in Ireland: A National Study of Survivor, Prosecutor and Court Responses to Rape, Dublin: The Liffey Press. Joyce, N. and Keenan, M. (submitted), Restorative Justice, Sexual Crime and the Criminal Justice System Keenan, M.P. (2012), Child Sex Abuse and the Catholic Church: Gender, Power and Organizational Culture, Oxford: Oxford University Press UCC North South Criminology/CCJHR Postgrad Conference, 20-21 June 2013: Dr. Marie Keenan and Niamh Joyce

21 References Continued Keenan, M. and Joyce, N. (submitted), Restorative Justice and Sexual Violence: Ireland Joins the International Debate Lovett, J. and Kelly, L. (2009), Different Systems, Similar Outcomes? Tracking Attrition in Reported Rape Cases Across Europe, London: Child and Women Abuse Studies Unit, London Metropolitan University. McGee, H., Garavan, R., de Barra, M., Byrne, J. and Conroy, R. (2002), The SAVI Report: Sexual Abuse and Violence in Ireland. A National Study of Irish Experiences, Beliefs and Attitudes Concerning Sexual Violence, Dublin: The Liffey Press. National Commission on Restorative Justice (2009), Final Report, Dublin: Department of Justice, Equality and Law Reform. UCC North South Criminology/CCJHR Postgrad Conference, 20-21 June 2013: Dr. Marie Keenan and Niamh Joyce


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