Restorative justice values the voice of victims and works to protects their rights. Another sad example of how our retributive justice system works to re-victimize victims, is the story of a woman whose voice was not heard or valued by the system.
The woman was 13 years old in 1977 when charges were brought against movie director Roman Polanski for sexually assaulting her. Because Polanski fled the county before being sentenced for having sex with a minor, which he admitted, he has been sought ever since by the Los Angles prosecutor’s office.
The woman said, “I have become a victim of the actions of the district attorney.”
In an effort to protect her family and herself against the prosecutor’s actions, the woman went so far as to petition the LA criminal court herself to have the charges against Polanski dismissed. She and her family have suffered emotional pain every time the facts of the case are retold. Especially disturbing for the woman has been the prosecutor’s recent release of the entire grand jury hearing transcript.
Our retributive justice system is all about punishing offenders, and victims’ needs are basically ignored to further this goal.
In contrast restorative justice respects and cares about people’s needs, and gives victims the opportunity to find ways to meet their unique needs. There is no excuse for not considering victims’ needs. If the justice system cared more about their needs, there is a better chance that offenders would too. Our current system models the very behavior we don’t want: revenge at the cost of hurting others.
Restorative justice can also be achieved without face to face meetings between offenders and victims. In Hawai’i people have benefited from restorative interventions without such meetings. Victims have been successfully protected and at the same time offenders have experienced reduced recidivism. Please see publications on the Pono Kaulike program: http://www.uscourts.gov/fedprob/June_2009/FocusedApproaches.html
I am a little late in replying but I came across this post and felt a need to reply. I think it is interesting that you are usuing a headline/news situation to advance restorative justice on behalf of victims in the same way that justice folks and politicians have done so for decades. Politicians have used – intentionally or not – victims in advancing whatever thier position on crime has been for my 30 years in the justice system. In the first few paragraphs of your blog you are doing exactly the same with this highly publized case.
Restorative justice does not meant that there is not a role for the state in this situation and it certainly does not mean that victims will get what they want each and every step of the way. Should all criminals leave the country wait out thier victims journey of healing and recovering and then get the sentence etc. that the victim wants 30 years after the crime? Wow what a system of restorative justice that would be.
Roman Polansku comitted a crime agianst a minor. Is is a predetor sexual offender? I suspect not. But what he did was wrong, it was a crime and is punishable in every state in this country – as it should be. We cannot advance restorative justice on headline news and what seems to be your position that restortive justice in this case would be better than someone be held accountable for the crime he was convicted of. Fleeing the country to avoid punishment should never be used to advance the merits of restorative justice! You are now using victims to advance your agenda.
I have been an advocate for vicims for many years and have championed restorative justice but cringe at your comments.
Hi Mary,
I am sorry you read this post as some sort of defense for sexual abuse and possible suggestion that “all criminals [should] leave the country and wait out their victims journey of healing and recovery then get the sentence etc. that the victim wants 30 years after the crime.”
This blog entry is about what happened in the recent past for this particular person who was harmed again, this time by the LA prosecutor who ignored her needs regarding an ancient case. The prosecutor released the entire grand jury transcripts of what happened, which further harmed her. I believe that it is wrong for the LA prosecutor to ignore her needs as she describes, and it’s just as wrong to hurt any person sexually or in any other way. I don’t condone bad behavior by anyone including prosecutors or the government.
Thank you for your comments and I will work harder to be more specific in the future.
aloha, Lorenn
I was the victim of rape, prostitution, and human trafficking as a child. I was 12 years old and had no idea that what was being done to me was a crime. Now that I am in my 30’s I would love to have my day in court, but not publicly, that would be too much, even for me — even after I “came out” publicly with my story.
A thought: It’s important to remember why the DA lacks sensitivity — the truth is that most victims (especially minor victims) do not report sexual offenses and so the DA never even gets a chance to meet the victims. A restorative justice approach may teach us all more about WHY victims do not report, thereby helping to bridge this gaping flaw in the current system.
Thanks!
Carissa