Description

The debate surrounding the use of restorative justice (RJ) for domestic violence and sexual assault offences is becoming increasingly complex. The author examines the theoretical constraints on the ability of RJ to meet the needs of the victim with an international literature review. An overview of the debate regarding gendered violence follows. Here, gendered violence not only refers to domestic violence and sexual assault, but the research also looks at Indigenous communities. These communities contain a wider scope of violent practices alongside a more greater idea of family than what is common in domestic violence literature. The chapter then looks at the reactions of Indigenous communities towards gendered violence and RJ as a response. Research about Indigenous communities often does not look at gender roles, race or other social relations, thereby leaving Indigenous women’s needs and interests within RJ processes unclear. The author finds that a hybrid of RJ and criminal justice models need to be adopted in order to work toward safe and just outcomes.