Sexual Trauma and Abuse: Restorative and Transformative Possibilities?

Sexual Trauma and Abuse: Restorative and Transformative Possibilities? A Collaborative Study on the potential of Restorative Justice in Sexual Crime in Ireland DR. MARIE KEENAN UNIVERSITY COLLEGE DUBLIN This report is based on the results of a collaborative study between Facing Forward, Ms Bernadette Fahy and Dr Marie Keenan. The Research Assistant Interns who helped with data analysis [supported by the Government JobBridge Scheme] also made a significant contribution to this research and sincere thanks are due to Cian O’ Concubhair, Olive Lyons, Graham Loftus, Martin Mulrennan, Hannah Gilmartin, Andrea Kennedy, Patrice O’Donovan and Chris Kelly. Cian O’Concubhair’s written work on accountability mechanisms in legal systems enormously enhanced particular sections of this report. Thanks are due to UCD’s Geary Institute for providing office accommodation for the Research Assistant Interns during their time working on the project. ISBN 978-1-905254-90-3 Author: Marie Keenan Title: Sexual Trauma and Abuse: Restorative and Transformative Possibilities? Publishing School: School of Applied Social Science, University College Dublin, Ireland Date: November 27th 2014 Contents Executive Summary Victim and Their Families: P04 Restorative Justice in Sexual Violence Cases, Opportunities Bios and Challenges? P08 P162 Scope, Methodology Offenders and their Families: and Parameters Restorative Justice in Sexual P10 Violence Cases, Opportunities and Challenges? Introduction and Context P196 P20 Legislators and Criminal Sexual Offences and Justice Personnel: the Law in Ireland Perspectives on Restorative P32 Justice in Sexual Violence Cases, Opportunities and Victims and their Families: Challenges Their Experiences of the P220 Criminal Justice and other ‘Justice’ Systems Therapists, Mediators, P52 Bishops, Religious & Media Personnel; Perspectives on Offenders and their Families: Restorative Justice in Sexual Their Experiences of the Violence Cases; Opportunities Criminal Justice System and Challenges P96 P264 Restorative Justice and Sexual Conclusion and Violence: An Overview of the Recommendations International Context P310 P142 Bibliography P318 Acknowledgements The Research Steering Group would like to acknowledge the many people who contributed to the research culminating in this report, ‘Sexual Trauma and Abuse: Restorative and Transformative Possibilities?’ We are very grateful for the initial advice received from those working with individuals impacted by sexual violence as we began to explore the feasibility of this study, especially the Dublin Rape Crisis Centre, The Rape 02 Crisis Network of Ireland, One in Four, Forensic Psychological Services, Towards Healing, National Counselling Service, Arbour Hill Prison Service, the Irish Penal Reform Trust and the Irish Council for Civil Liberties. The following members of the research team conducted research interviews on a voluntarily basis and we wish to thank them sincerely: Frank Butler, John Curran, Jacinta De Paor, PJ Mc Gowan, Catherine O’Connell, Nadette Foley, Marie Williams, Bernadette Fahy, Niamh Joyce, Martin Mulrennan, Aoife Fennelly, Barbara Walshe, Marie Keenan and Ingrid Colvin. We thank Bernadette Fahy for sharing the training of the research interviewers with Marie Keenan, and Sr. Geraldine Smyth OP for her advice. We thank the paid and unpaid transcribers of all of the 100 interviews, involving 149 people. The Research Assistant Interns who helped with data analysis [supported by the Government JobBridge Scheme] also made a significant contribution to this research and sincere thanks are due to Cian O’ Concubhair, Olive Lyons, Graham Loftus, Martin Mulrennan, Hannah Gilmartin, Andrea Kennedy, Patrice O’Donovan and Chris Kelly. Cian O’Concubhair’s written work on accountability mechanisms in legal systems enormously enhanced particular sections of this report. We acknowledge Dr Niamh Flanagan for her expertise in qualitative methods and for sharing the training of the Research Assistant Interns with Dr Marie Keenan. We thank Dr Caroline O’Nolan for her all-round support and willingness to help. We thank Naoimh Mc Namee for her Introduction organisational expertise, Rebecca Graydon, Barrister at Law for sharing her knowledge of the Irish legal system with us, and Niamh Joyce for her work on the literature. To the many individuals, professionals and associations who offered psychological backup to our research participants, we offer our sincere thanks. We acknowledge the hard work of the Facing Forward Management Committee, especially Barbara Walshe, in securing funding 03 to continue the project and we thank our funders, University College Dublin (seed funding), the St Stephen’s Green Trust, Sheehan and Partners Solicitors and the Tony Ryan Trust, whose financial support made this research and report possible. Most importantly this research would not have been possible without the participants in this study; those who have been harmed by sexual violence and those who have caused such harm, all of whom shared their experiences with us, experiences that were at times harrowing to recount. We are grateful to you and hope this research does justice to your stories and experiences. We also sincerely thank the families of victims and offenders, judges, legal professionals, Gardaí, Irish Prison Service management, prison therapists and psychologists, prison chaplains, probation officers, therapists from NGOs and therapy centres, members of the print and broadcast media, bishops and members of religious orders, mediators and politicians from both houses of the Oireachtas. Our hope is that the findings of this study will further the knowledge of Restorative Justice and sexual violence in Ireland and encourage the development of a pilot project for Restorative Justice in cases of sexual violence in Ireland as a matter of urgent public concern. Sexual Trauma and Abuse: Restorative and Transformative Possibilities? Executive Summary At the time the National Commission on Restorative Justice reported in 2009, it said “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” (NCRJ2009, p. 81). The evidence from the research presented in this study indicates that this cautious approach to Restorative Justice in sexual crime is now no 04 longer appropriate. Based on the international literature examined, the international programmes contacted during the course of this study, and (most importantly) the views of 30 victims of sexual crime, 23 sexual offenders and a total of 149 research participants, a number of important issues became apparent: • Victims and offenders of sexual crime experience unacceptable and at times debilitating delays in the administration of justice in Ireland. • Information gaps and deficits regarding the processing of their cases through the criminal justice system added to the trauma for victims of sexual crime who felt peripheral to the criminal proceedings. • The current adversarial justice system and punitive approaches taken in public social life towards convicted sexual offenders often results in offenders being willing to deny responsibility for their sexual offences and take the risk of forcing the State to prove the case against them. • Victims of sexual crime experience unacceptable delays in the administration of civil justice mechanisms for redress in Ireland, which are also costly and adversarial. • All cohorts of participants in this study report significant gaps in current justice provision for victims of sexual crime in Ireland. • All cohorts of participants in this study see the need for additional justice mechanisms for victims of sexual crime, including for Restorative Justice. Introduction Based on the research presented in this study the following recommendations are made: 1. That the provision of Restorative Justice Services to respond to the needs of those impacted by sexual crime be included in the forthcoming second Cosc National Strategy for 2015-2020. 2. That a three-year pilot project of Restorative Justice in certain cases 05 of sexual violence be established in Ireland as a matter of urgency, with a specified agency established for this purpose • That a small team of appropriately trained and experienced staff in sexual trauma and sexual violence and Restorative Justice be appointed to this pilot project; • That the pilot project be managed by a suitably qualified Project Director, with appropriate administrative back-up appointed to the team; • That the designated agency be allocated an appropriate building in which to carry out its work; • That the agency be subject to review on an annual basis, with a fuller review and evaluation after three years; • That the pilot project be confined to cases at the post-adjudication stage of the criminal justice process, including retrospective cases that have been adjudicated in the criminal courts in the past, including cases where the offender is currently incarcerated; • That the designated agency develops a procedure immediately for informing all victims and offenders at the post-conviction stage of the criminal justice process of the possibility of Restorative Justice in their cases; • That the designated agency accepts requests from victims of sexual crime for Restorative Justice once their cases has been adjudicated in the criminal courts; Sexual Trauma and Abuse: Restorative and Transformative Possibilities? • That victim requests for Restorative Justice

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