Could a victim-centred approach be a better fit in cases of sexual harassment and assault?
TRUMP, WEINSTEIN, MOORE, FRANKEN, THE RCMP…Every hour, it seems, more are added to a dizzying list. But remember the 2014 Dalhousie Dental School case, where “gentlemen” students waxed horrific on Facebook about their over-the-top, sexually violent predilections? The men were initially suspended. Then some of the female students referenced in those ghastly posts said they preferred a restorative justice process—an approach that involves facilitated dialogues and co-created, positive-action agreements—rather than university sanctions or criminal indictments. The media was outraged. Talking heads rolled. How dare these women demand some namby-pamby, non-punitive process, when the overwhelming public consensus was that the offenders must be expelled?
Oh, the irony. Women finally come forward to break their silence around the near-ubiquitous sexualized aggression woven into our workplaces, only to be silenced again in a “justice” where “authorities” dole out punishments. Victims’ needs and input are not just ignored, but derided: “Ladies, these men have offended you. Now step aside, and let Law and Order restore your honour and make you safe. Your offending male classmates will not get a wink and a nudge; they will be destroyed for their transgressions. This is how we will make things better for you—it’s fear of punishment that prevents bad behaviour.”
Except it doesn’t actually work that way. Even the death penalty does nothing to deter violent crime. A Public Safety Canada study concluded that “compared to community sanctions, imprisonment was associated with an increase in recidivism…longer sentences were associated with higher recidivism rates.”
So why are we in such a rush to punish—to lock people away, fire them from their jobs, and put them on registries—especially in cases where sexualized aggression is involved? Shouldn’t we listen to victims, and support what they think should happen next?
I SPEAK WITH A RESTORATIVE DIALOGUE FACILITATOR in Victo