Info about Accountability/Reparation for Relational Abuse/Neglect

[Kizzie]

The articles and books listed below are just a sampling of the info available about accountability and/or reparation for relational abuse/neglect.  They are meant to give members a sense of the issues involved, the work being done at various levels and some of the successes and failures.

Restorative justice and child sexual abuse, by Karen J. Terry in the book International Handbook of Restorative Justice 1st Edition (2018) Routledge

ABSTRACT

Child sexual abuse is a serious and pervasive problem, which may lead to extensive, irreparable harm. Studies show those who were sexually assaulted as youths may exhibit increased levels of depression, anxiety, suicidal ideation, substance abuse, eating disorders, anger, resentment, low self-esteem, shame and self-blame. Additionally, child sexual abuse victims-survivors often have difficulty trusting others and forming intimate, interpersonal relationships. These psychological, emotional, physical and behavioural effects can be debilitating to some and permeate all aspects of their lives in both the short and long term. Theoretically, a restorative justice approach could help restore harm to victim-survivors of child sexual abuse through voluntary and honest dialogue between affected parties. Yet while there are many restorative justice options available to assist crime victims generally, there are few options for helping the victims-survivors of child sexual abuse. The restorative justice programmes that do exist lack consistency in definition, approach and application, and there is little research on the efficacy of these programmes. This chapter examines the research that does exist on restorative justice approaches for victim-survivors of child sexual abuse and discusses policy implications based on what is known.

[Kizzie]

Truth and Repair: How Trauma Survivors Envision Justice  by Judith Lewis Herman MD (2023)

The #MeToo movement brought worldwide attention to sexual violence, but while the media focused on the fates of a few notorious predators who were put on trial, we heard far less about the outcomes of those trials for the survivors of their abuse.
 
The conventional retributive process fails to serve most survivors; it was never designed for them. Renowned trauma expert Judith L. Herman argues that the first step toward a better form of justice is simply to ask survivors what would make things as right as possible for them. In Truth and Repair, she commits the radical act of listening to survivors. Recounting their stories, she offers an alternative vision of justice as healing for survivors and their communities.
 
Deeply researched and compassionately told, Truth and Repair envisions a new path to justice for all.

[Kizzie]

Accountability and Reparations Investigation Report, The [UK] Independent Inquiry into Child Sexual Abuse, 2019

About the IICSA

IICSA was a statutory inquiry for England and Wales, established in 2015 under the Inquiries Act 2005. Its independence meant that the Inquiry was not part of any government department. The Inquiry's remit was wide-ranging, but as a statutory inquiry it had the unique authority to compel witnesses and request any material necessary to investigate where institutions failed to protect children in their care.

In identifying what must be done differently, it built the case for change and improvements in how institutions must protect children.
Through investigations and public hearings they examined what went wrong, and why, across a wide range of institutions. The evidence gathered through 15 investigations informed findings and recommendations to help prevent these failures happening in future.

An ambitious research and analysis programme filled gaps in knowledge about child sexual abuse and ensured recommendations were informed by the latest learning. The Truth Project gave victims and survivors the opportunity to share their experiences and put forward suggestions for change. Their experiences  provided a vital contribution to the Inquiry, helping to build a clearer picture of the extent of child sexual abuse and a better understanding of its long term impact on victims and survivors.


'Frustrating, hostile and futile': The official verdict on the process abuse survivors go through for compensation. A new report says neither the criminal or civil justice system is effective. By David Whitfield, Nottingham Post, 19 Sep 2019

Professor Alexis Jay OBE, Chair of the Inquiry, said: "For victims and survivors of child sexual abuse, the suffering does not stop when the abuse ends. In our investigation we found that the criminal and civil court proceedings for redress can be frustrating, hostile and ultimately futile. Many are left re-traumatised and deeply unsatisfied with the often lengthy and confusing litigation. Equally concerning is the lack of clear signposting for the compensation and support which survivors could be entitled to. The Panel and I hope this report and its recommendations can help make seeking redress a less complex and distressing process for extremely vulnerable people."

[Kizzie]

Steele, L., & Swaffer, K. (2022). Reparations for Harms Experienced in Residential Aged Care. Health and human rights, 24(2), 71–83. https://www.ncbi.nlm.nih.gov/pmc/articles/PMC9790955/

Abstract

This paper explores the possibility of reparations for harms suffered by people in residential aged care, focusing on experiences of people with dementia. We first explain how systemic and structural harms occur within residential aged care and outline how they constitute human rights violations. Using Australia as a case study, we then consider the limitations of court-based approaches to pursuit of redress and the current absence of redress from policy responses. We then propose an expansive and multifaceted notion of redress as reparations, where governments, residential aged care operators, medical and legal professionals, and civil society engage in ongoing recognition of harms and specific actions to prevent recurrence. By drawing on the United Nations Convention on the Rights of Persons with Disabilities and the Van Boven Principles, we consider the application to aged care of the framework of access to justice and reparations for human rights violations. This framework encompasses inclusive and accessible processes to access reparations for individuals in such forms as compensation and rehabilitation, and collective reparations, including apologies and public education. In order to ensure that reparations support the prevention of further harm in aged care, the design of redress could form part of broader government strategies directed toward increasing funding and access to community-based support, care, and accommodation, and enhancing the human rights of people with dementia.

[Kizzie]

Book - Child Sexual Abuse Reported by Adult Survivors: Legal Responses in England and Wales, Ireland and Australia, 1st Edition, (2022) by Sinéad Ring, Kate Gleeson, Kim Stevenson

Child Sexual Abuse Reported by Adult Survivors is a wide-ranging and timely critical history and analysis of legal responses to 'historical' or 'non-recent' child sexual abuse (NRCSA) in England and Wales, Ireland and Australia, each of which represents an evolving and progressive approach to this important and complex issue.

The book examines the emergence of NRCSA as a distinctive social, political and legal phenomenon in each country and explores the legal responses developed to address its unprecedented challenges. Courts and parliaments in each country have reformed existing doctrine and practice and have created new ways of holding state and private actors accountable and new ways of  addressing survivors' injuries. Criminal law, tort law, public inquiries and state reparations have all been to the forefront of these new legal responses, which have transformed law's engagement with NRCSA survivors and understandings of justice itself. However, despite this undeniable progress, the book identifies ways in which the legal responses developed in each country fail to deliver accountability and recognition to NRCSA survivors and argues that such failures betray the law's inherent ambivalence to delivering justice for these survivors.

[Kizzie]

Towards Victim-Centred Reparations For Conflict-Related Sexual Violence Survivors, (2022) by Francesse Philippe

THE SHIFT TOWARDS A VICTIM-CENTRED APPROACH?

As demonstrated by the adoption of the publication of the Murad Code and UN Security Council Resolution 24/67, there has been a shift towards a victim-centred approach when it comes to reparations for CRSV. The resolution strengthens justice and accountability, backing a survivor-centred approach in the prevention of and response to CRSV. However, consensus still needs to be reached with regard to the practice adopted by international courts.

[Kizzie]

Accessible and Responsive Legal and Justice Systems including Legal Services and Information, Court Systems, Enforcement, and Perpetrator Accountability, Alberta Council of Women's Shelters

A fundamental assumption is that perpetrator accountability is central to reducing violence. Providing meaningful consequences is a critical piece of promoting accountability in any arena. When perpetrators are allowed to manipulate the system to avoid consequences, accountability is diminished. When perpetrators come to see that insignificant or no consequences are likely, their criminal behaviour is likely to continue. While this may seem an obvious point, the barriers within the system, combined with the cunning of perpetrators, often prevent the criminal justice system from reaching the goal of maximum accountability and reduced violent crime.

Promising Practices: Perpetrator Accountability and Reparations

Provides sentencing that is commensurate with the gravity of the crime, using due diligence when imposing appropriate sanctions to hold perpetrators accountable for their actions and providing for just and effective remedies to the survivors for the harm or loss suffered by them.

✓ Delivers collaborative response approach with a primary focus on victim safety;
✓ Ensures that rehabilitation is part of a conviction rather than an alternative to criminal record;
✓ Uses a thorough assessment of perpetrators to determine their suitability prior to referral into a rehabilitation program or assignment of a specific treatment modality and including consultation with victims;
✓ Has mechanisms in place to manage, work with, and sanction offenders;
✓ Reflects unique issues of diverse groups as well as considerations for offenders with co-occurring disorders;
✓ Provides the most intervention to the highest risk offenders more quickly, including supports and therapeutic services addressing dynamic risks and historical victimization/trauma where indicated.

[Kizzie]

Hess, J. Z., Allen, N. E., & Todd, N. R. (2011). Interpreting Community Accountability: Citizen Views of Responding to Domestic Violence (or Not). The Qualitative Report, 16(4), 1096-1123.

Abstract

In spite of common public condemnations of domestic violence, survey research suggests that citizens aware of actual abuse often believe they cannot or should not personally respond. Through in-depth interviews with 20 local citizens across the political spectrum, we sought to explore this dynamic more carefully by better understanding community interpretations of domestic violence and its appropriate response. This paper explores ten specific views identified in these interviews as potentially relevant to citizen action (or inaction) in response to known abuse. After examining subtle consequences of each belief, we explore broader implications for community mobilization and propose several ways of facilitating a more thoughtful and extensive deliberation about domestic violence among the general public.

[Kizzie]

I just watched the documentary "The Most Hated Man on the Internet" about Hunter Moore who had the website for revenge porn called "Is Anyone Up?"  It was disturbing to to say the least in that he had absolutely no remorse for the abuse of  victims and refused to take down pictures, many of which were hacked (stolen).  He ended up going to jail for about 2&1/2 years. 

In an interesting twist he sold his web site to Bullyville.com which is a site that goes after sites like Hunter's to shut them down.  There's a letter to Hunter written by the owner and it's delicious to read frankly after what so many people went through.  I am not for vigilantism and he is bullying Hunter, but I can't help feel there is sometimes a time and a place for revenge/holding abusers accountable. In this case Moore's site triggered James McGibney because of abuse he and his sister had suffered in the foster care system years before, and he decided to start Bullyville.com. 

"I had a strange flashback when I saw that site the very first time,' McGibney told DailyMail.com. 'It was one of my foster families who forced me and my foster sister to stand naked in the living room for hours. 'I saw the site and how he [the foster father] would take her and rape her. I had suppressed that memory, but IsAnyoneUp made me think of her and I went ballistic.Some people said I overreacted, but I don't give a sh*t,' McGibney said 'If Hunter came out and said 'I am sorry, I am a changed man and I am sorry to the victims, we are in a forgiving society and [we might be able to move past it]."

Link - https://jamesmcgibney.com/isanyoneup 

Link - https://www.dailymail.co.uk/sciencetech/article-11149713/Early-revenge-porn-site-fell-expert-evidence-pedophilia-suicide-platform.html