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Restorative justice (RJ) programs are increasingly being used for cases of sexual violence in the Australian criminal justice system, and have been applied in numerous settings. Specifically, the term ‘restorative justice’ broadly “encapsulates an alternative philosophy” for the application of justice procedures, and endorses an approach to the criminal justice system that is embedded in values concerned with respectful and equal relationships (Rogers & Miller, 2018 p. 168). Restorative justice programs, therefore, have become an important option for victim-survivors of sexual violence, as scholarship has reported women’s dissatisfaction with standard criminal proceedings for these cases (Miller & Hefner, 2013). It’s application, in these instances, needs to consider that ‘restoration’ and ‘justice’ cannot always be achieved. Particularly, for survivors of sexual violence (SV), previous literature has expressed concerns over the re-traumatising nature of restorative programs, its potential to create secondary trauma, and power imbalances, as well as impact their potential safety (Marsh & Wager, 2015). Due to the confronting nature of restorative justice procedures, the application of these programs to SV cases remains controversial and little research has evaluated their effectiveness, and more critically, the perspectives of victim-survivors (Gang, Loff, Naylor & Kirkman, 2019). For these reasons, identifying and documenting the current literature available on the topic of restorative justice and sexual violence is critical to understanding gaps in knowledge and the development of these programs for victim-survivors, in addition to any emotional and psychological outcomes of alternative processes.
This project will produce a narrative literature review which aims to address these issues, and present a more in-depth understanding of the current research that has evaluated restorative justice, and how they are conceptualised in terms of consent and sexual violence. Specifically, the purpose of this literature review is to inform organisations like BRISSC of the effectiveness of these programs for women who have experienced sexual violence, their outcomes and the potential benefits of conferences with trained and reliable moderators. In doing so, this paper will thematically narrow its review to literature that focuses primarily on sexual violence cases, outside of subjects such as domestic, or gendered violence. While many restorative justice programs and scholarship examine sexual violence in the scope of domestic, family and gendered violence, as sexual assault, rape and physical violence occurs in these domains, this review will attempt to effectively synthesise this key area of research outside these margins. This paper will contribute to the growing body of research on restorative justice programs by identifying significant gaps in Australian and international literature, and act as a guide for policy makers, researchers, practitioners, and organisations looking to understand contemporary work on restorative justice.