Boholano, Hazel Anne S.

March 04, 2024

Section 14 Sub section 1

Is Restorative Justice an Effective Solution for Heinous Crimes?

Restorative justice is a process that focuses on the needs of the victim and the offender,
rather than on punishment. It is based on the idea that crime is a violation of relationships, and that
healing can only take place when those relationships are restored. However, when applied to cases
of sexual violence, particularly rape, restorative justice meets unique and deeply complex
challenges. Rape is a highly personal assault that affects a victim's mental health, relationships,
and sense of safety. It is not only a physical act. The aftermath of rape is characterized by a
spectrum of psychological repercussions extending beyond the immediate physical trauma. PTSD,
which is post-traumatic stress disorder, anxiety, and an intense feeling of loss and helplessness are
common issues faced by survivors (Washington Coalition of Sexual Assault Programs, 2018).
Engaging in restorative justice processes, which may involve direct interaction with the perpetrator,
can be daunting and potentially retraumatizing for survivors. While some may derive
empowerment and closure from taking part, others may experience heightened distress, worsening
their trauma.

The application of restorative justice in rape cases raises critical questions concerning
offender accountability, deterrence, and societal attitudes toward justice. Critics contend that
restorative justice, with its focus on rehabilitation and reconciliation, may not adequately hold
perpetrators accountable or deter future acts of sexual violence. This concern is compounded by
the stigma and cultural taboos surrounding rape, which may foster a culture of silence and
undermine efforts to address and prevent sexual violence. Moreover, the perceived leniency
toward offenders in restorative justice processes can erode public trust in the justice system's
ability to address sexual violence seriously. It is ineffective since in most circumstances, it worsens
the problem rather than resolving it and doesn't punish or change the individuals involved. First, a
criminal needs punishment; restorative justice does not penalize individuals. When someone thinks
they won't face consequences for their actions, they will likely carry on with their wrongdoing. It
has been proven that prison time is effective. Birmingham University researchers have found,
according to The Observer, that longer prison terms reduce crime (Helm, & Doward, 2012). The
potential role of restorative justice in addressing rape must be approached with careful
consideration of survivors' needs, preferences, and well-being. Restorative justice processes
should prioritize the safety and consent of survivors, ensuring that participation is entirely
voluntary, informed, and supported by comprehensive care and counseling services. The process
must be meticulously designed to safeguard survivors' emotional and psychological well-being,
with clear boundaries and the choice to withdraw at any stage. While success stories from
restorative justice programs highlight the potential for meaningful dialogue to contribute to
survivors' healing, it is crucial to recognize the diverse experiences and risks involved in each case.

The consideration of restorative justice in cases of rape underscores the complex and
sensitive nature of responding to sexual violence within the legal system. While restorative justice
offers a promising alternative to traditional punitive measures, its implementation in rape cases
must prioritize survivors' safety, autonomy, and well-being. Adopting a survivor-centered
technique that acknowledges the distinctive requirements and backgrounds of each person is
essential. The aim should be to ensure that restorative justice processes in cases of rape are
conducted in a manner that respects survivors' dignity and rights, while also contributing to broader
societal efforts to combat sexual violence and support survivors.
REFERENCES

Helm, T., & Doward, J. (2012, July 7). Longer prison terms really do cut crime, study shows. The
Guardian. https://www.theguardian.com/law/2012/jul/07/longer-prison-sentences-cut-crime

Simon, J. (n.d.). What is restorative justice? | Restorative Justice Council.

https://restorativejustice.org.uk/what-restorative-justice

Washington Coalition of Sexual Assault Programs. (2018, October 11). The effects of sexual assault.
https://www.wcsap.org/help/about-sexual-assault/effects-sexual-assault