16 Days of Activism against Gender-Based Violence
This is a blog by our Communications and Campaigns Manager, Keeva Baxter.
Every 10 minutes, a woman is killed intentionally by a partner or family member.
1 in 3 women and girls experience violence in their lifetime.
These numbers are indicative of the epidemic of violence against women and girls that we face in the UK and beyond. Last week saw the start of the 16 Days of Activism campaign against gender-based violence, an opportunity to reflect on the astounding statistics above and fight to change them.
Led by the United Nations, the campaign is a chance to demand action from decision makers and consider how we can make progress towards reducing violence against women and girls (VAWG).
In the UK, this issue is particularly pertinent in light of the Government’s promise to half violence against women and girls in a decade. This ambitious goal requires a new way of thinking, as the current justice system and its treatment of survivors of gender-based violence is evidently not working.
Here at Why me?, we have been conducting a project on the use of Restorative Justice for domestic and sexual violence. Domestic and sexual violence cover a group of offences that fall under the category of ‘gender-based violence.’ Through this project, we have been speaking to survivors of domestic or sexual violence who have been through the restorative process about what their needs were and whether they were met. We have also consulted Restorative Justice experts and domestic and sexual violence support organisations.
We hear the concerns of gender-based violence advocates when it comes to Restorative Justice, and we will continue to demonstrate how Restorative Justice is a survivor-led, carefully managed process that can be transformative. Nonetheless, these crime types require a high level of risk-assessment by facilitators, and best practice requires collaboration with domestic and sexual violence experts working with each survivor.
In this blog, we explore 16 things to consider when using Restorative Justice to address gender-based violence:
1. RJ is survivor-led
The restorative process revolves around the needs of the people involved and is flexible to what the survivor needs in order to heal and move forwards.
2. RJ can look different for everyone
There are many different ways that someone can be supported through Restorative Justice. While for some, this could be a face-to-face meeting, for others it could involve writing a letter or participating in a shuttle process, where the facilitator passes messages between participants.
3. Risk assessment is key
There is an ongoing, flexible risk assessment throughout the entire Restorative Justice process. Starting at the time of referral and continuing until after the restorative intervention has taken place, facilitators will determine whether it is safe to proceed and stop if there are any concerns.
4. What is the risk of NOT doing RJ?
It is important to consider what the risks of not offering Restorative Justice could be for survivors. For example, if a survivor has unanswered questions or messages she wants to convey to the person responsible, she may seek out this meeting with or without the support of a Restorative Justice practitioner. Refusing to refer the survivor or find a safe way to meet their needs would only enhance the risks of an unsupported and unsafe meeting.
5. There is a significant period of preparation before any restorative intervention
After an initial referral, facilitators will meet with all participants independently to assess their needs, motivations and discuss the process. This preparation continues until everyone is ready to go ahead, sometimes lasting for months or years.
6. RJ requires informed consent from everyone involved
The process will not go ahead unless everyone involved understands what will happen and agrees that they want to take part.
7. Gender-based violence covers a wide range of crimes so people’s needs could be vastly different
Whilst some people may have specific questions they want answered, others will have things they need to say or want to get off their chest. Some people simply want to face up to the person that harmed them and have the opportunity to take their power back and walk away.
8. Taking away the choice about exploring RJ is disempowering for survivors
Being survivor-led means we don’t make decisions on behalf of the survivor, but instead empower them to make their own choices. Simply allowing someone to explore whether Restorative Justice would be right for them can be transformative. Remember, an expert facilitator will work with the person to determine how their needs can be met safely.
9. RJ doesn’t have to involve the other party at all
One lesser-known form of Restorative Justice is a restorative conversation. This means that one person has a conversation with a facilitator about what happened and what the impact was. This conversation does not involve the other party at all. It can be an extremely valuable process, allowing the person to discuss the harm they experienced and be heard.
10. Participants can withdraw from the process at any time
Once someone agrees to take part, they can change their mind at any point and do not have to go through with a restorative intervention if they don’t want to.
11. Managing expectations is a crucial part of the process
If a process is not deemed safe to go ahead, or someone withdraws, the participants may feel disappointed. Therefore, it is crucial that facilitators manage everyone’s expectations from the beginning.
12. Blanket bans are not appropriate
Suitability for Restorative Justice should be assessed on a case-by-case basis rather than excluding people based on the type of crime they experienced or the type of person they are.
13. Participants can have a supporter present at all times
Each participant can bring a friend, family member or professional along to support them. The supporter can be present in both the preparation meetings and the final restorative intervention.
14. If it isn’t safe, it won’t go ahead
If any concerns about the participants’ safety arise in the ongoing risk assessment, the process will not go ahead.
15. The process doesn’t have to involve the person who directly caused the harm
The restorative process can involve the primary victim and the person who committed the crime – but it doesn’t have to. For example, someone who survived abuse by one of their parents could take part in Restorative Justice with a different family member to discuss the impact.
16. Restorative Justice is a powerful tool that can transform the lives of people affected by crime, including survivors of gender-based violence
To address this complex issue, we are launching a guide on the use of Restorative Justice in domestic and sexual violence cases in the new year. Please reach out to keeva.baxter@why-me.org if you would like to discuss our work in more detail.