(Note: We are focusing on sexual assault in this episode of SelfWork. If you have a history of sexual assault, please listen with care.)
Today we’re going to introduce you to the concept of restorative justice. Our guest today is Marlee Liss. You may not have heard of her, unless you closely follow what’s happening in the justice system concerning sexual assault.
But her voice is a strong one. As difficult and life-changing as her rape was for her, she describes the process of restorative justice as being equally healing and satisfying.
I’m going to quote Marlee talking about what happened to her. She speaks far more eloquently about her experience than I could explain. You’ll hear about what was vital for her healing – Restorative Justice.
Now Available!
Perfectly Hidden Depression Workbook
Healing begins with risking transparency. This workbook can help.
Retribution versus restorative justice...
“In 2016, at the age of 21, I was raped by a stranger. Of course I knew that rape would impact me, but I didn’t know the degree to which it would. I started struggling with panic attacks, hair loss, and frequent dissociation. I had to pause my social work degree in order to focus on just being okay. At the same time, I reported to the police because that’s what I was told I should do.”
“Quickly, I learned that the criminal legal process recreated the powerlessness and silencing that I had experienced during trauma. After three years of dehumanization in the courtroom, I was fed up with the system. I began looking for alternative pathways to justice and that is when I found Restorative Justice. I began fighting for my assailant to go to extensive therapy and for us to eventually meet in a Restorative circle.” Note: the circle process is rooted in Indigenous communities and pre-colonial societies.
“I’m forever grateful that one prosecutor cared enough about my needs to advocate for them. She made the outcome happen and it became the first time in North America that a sexual assault case concluded with Restorative Justice through the courts. The process was healing beyond what I knew was possible. I let go of so much pain, anger and self-blame that I didn’t even know I was carrying. Afterwards, I knew that I had to be loud about it.”
So join our conversation. It’ll open your eyes and your hearts to a kind of healing experience many sexual assault victims yearn for – but never receive.
The history of restorative justice…
Restorative justice began as a field of practice in the 1970s. The objective was to seek a more holistic approach to crime and criminal behavior by focusing on all impacted parties. The primary goal is to help repair the harm caused by a crime while simultaneously considering the humanity of all involved, including the offender. Rather than focusing on a criminal act as a violation of law, restorative justice views the act as a violation of people, relationships, and the community, and seeks to repair the harm.
There are three parts in the process of restorative justice. Let’s go over them.
Encounter. The first step in the process involves bringing together all parties who are impacted by the crime. The people involved are called “stakeholders” (or those that have a huge “stake” in the prospect of healing). The group then may include victims, family members, offenders, and other community members. Participation is voluntary for all parties, and offenders must agree to take full responsibility for their actions prior to any meetings. So, this isn’t for someone who denies that they were the assailant, but only for those assailants that admit their crime.
There are various types of restorative encounters. Some are actual victim/actual assailant encounters. Others involve victims but the assailants they encounter are not their own.
Repair. The second principle seeks to address the individual needs of all stakeholders, including the victim’s need for healing and the offender’s need to make amends. This step in the process seeks to repair harm and facilitate healing in a collaborative and inclusive manner. Outcomes are agreed upon, not imposed. Material, emotional, and spiritual support are often utilized to address victim and offender reintegration.
Transform. Victims and offenders are transformed as a result of the restorative encounters and the work that is done to repair harm from the crime. As Marlee Liss says in this interview, the “why” of the assailant is diverse, and so every assailant’s background needs to be understood.
One of the issues that I’ve seen in rape cases, whether they are prosecuted or not, is the haunting reality that the same thing may happen over and over to some other person. And there’s not a way to stop that from happening.
Restorative justice is a way to try to truly change the assailant’s understanding of themselves and the harm that was caused.
By the way…
Send me a message about what your own mom was like!! You can record by clicking below and ask your question or make a comment. You’ll have 90 seconds to do so and that time goes quickly. By recording, you’re giving SelfWork (and me) permission to use your voice on the podcast. I’ll look forward to hearing from you!
Get your free ebook, ‘What’s Your Protective Shield?’ when you join 7,000+ readers receiving weekly insights on the patterns shaping your life.
