Sexual Violence and Victims’ Justice Interests by Kathleen Daly Professor Kathleen Daly School of Criminology and Criminal Justice Mt Gravatt Campus Griffith University QLD 4111 AUSTRALIA of +61 (0)7 3735-5625 email:
[email protected] www.griffith.edu.au/professional-page/professor-kathleen-daly Paper prepared for Estelle Zinsstag and Marie Keenan (eds.), Sexual Violence and Restorative Justice: Legal, Social and Therapeutic Dimensions. London: Routledge (forthcoming, 2017). Please do not quote or cite without permission of the author. © Kathleen Daly 23 October 2016 1 Sexual violence and victims’ justice interests 1. Introduction The idea of using restorative justice for adult sexual violence cases was almost unthinkable not so long ago. Beginning in about 2010, a discernible shift occurred and has been building ever since.1 More commentators today—academics, policy makers, community advocate groups, judicial officers, among others—are saying that formal justice processes alone cannot effectively handle the complexity and range of sexual violence cases. In addition, many victims or survivors do not wish to engage formal processes and are seeking other avenues of response. Although effective criminal law and conventional justice responses are required, there is growing interest to develop other justice avenues for victims in the aftermath of sexual violence. These may work alongside criminal justice (Naylor, 2010) and outside the realm of criminal law (Powell, Flynn & Henry, 2015). The European Commission Daphne project on restorative