News

Rape Crisis Scotland position on restorative justice in sexual offence cases

Earlier this year, it was announced that survivors of rape and domestic abuse in Scotland will be able to access restorative justice for the first time. This refers to a voluntary process of facilitated contact between survivors and their convicted perpetrators.

We recognise that there are mixed feelings within Scotland's women’s sector and beyond about the appropriateness of restorative justice in sexual offence cases. However, a number of survivors have told us that this is a process they would like to engage with. As a result, our top priority is exploring how it can be developed safely and in a way that gives survivors full control over how and whether to participate.

There should never be any pressure on a survivor to participate in restorative justice, and we recognise the risks of potential harm that can come with such an approach. However, we know from our work with survivors that Scotland’s criminal justice system can feel paternalistic and restrictive, and that many feel they are denied agency within it. It is therefore vital that survivors are listened to and given agency in how they choose to pursue justice, whether that is through a restorative justice process or not.

For these reasons, we have joined the advisory panel of the new restorative justice service for survivors of sexual crime being developed in Scotland. We understand the concerns raised by others and do not wish to dismiss these. Rather, we intend to use our voice on this panel to ensure that the services being developed are as safe and supportive as possible, and that the time is taken to get them right for survivors.