The relationship between therapy and restorative justice in cases of sexual violence

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1 The relationship between therapy and restorative justice in cases of sexual violence A workshop of the Daphne III Project Developing integrated responses to sexual violence: An interdisciplinary research project on the potential of restorative justice 25 & 26 September 2014 Max Planck Institute for Foreign and International Criminal Law D e DAPHNE 2011 with the financial support of the European Commission Directorate-General Justice, Freedom and Security

2 9:00-9:30 Registration Thursday, 25 September :30-9:35 Welcome address Gunda Wößner, MPI for Foreign and International Criminal Law, Freiburg 9:35-10:00 Introduction of the participants INTRODUCTION Chair: Gunda Wößner 10:00-10:15 The Daphne III Project Developing integrated responses to sexual violence: an interdisciplinary research project on the potential of restorative justice in sexual violence cases Estelle Zinsstag, Leuven Institute of Criminology, University of Leuven 10:15-10:30 Restorative justice: An introduction Ivo Aertsen, Leuven Institute of Criminology, University of Leuven 10:30-11:00 Coffee Break Chair: Ivo Aertsen 11:00-11:45 Sexual trauma, sexual violence and abuse: Therapy, restorative justice and their inter-relationships Marie Keenan, School of Applied Social Science, University College Dublin 11:45-12:30 The pathways to restorative justice through the therapeutic process Eileen Finnegan, One in Four, Dublin 12:30-13:30 Lunch Chair: Caroline O Nolan 13:30-14:15 Introducing restorative dialogues in a therapeutic setting Karin Sten Madsen, University of Southern Denmark, Copenhagen 14:15-15:00 Understanding people who have committed sexual offences in relation to psychotherapy and restorative justice Thore Langfeldt, Institutt for klinisk sexologi og terapi, Oslo 15:00-15:30 Coffee Break 15:30-17:30 WORLD CAFÉ Chair: Marie Keenan 17:30-17:45 Presentation of the survey findings on restorative justice and therapy Caroline O Nolan, School of Applied Social Science, University College Dublin 17:45 Conclusions END OF FIRST DAY

3 Friday, 26 September :00-9:45 World Café reports and discussion Ivo Aertsen, Caroline O Nolan, Karin Sten Madsen, Gunda Wößner and Estelle Zinsstag Chair: Estelle Zinsstag 9:45-10:30 Can we deliver safe restorative practice in cases of adolescent sexual harm? Vince Mercer, The AIM-Project, Stockport 10:30-11:00 Coffee Break KEYNOTE LECTURE AND DISCUSSION Chair: Gunda Wößner 11:00-11:45 Working tools in mediation between victim and offender in sexual violence Lieve Dams, Berkenwinning Psychomedisch Centrum, Heusden-Zolder 11:45-12:45 Discussion and reflections on workshop outcome Vince Mercer (Resume) Chairs: Gunda Wößner and Estelle Zinsstag 12:45-13:00 Closing remarks Ivo Aertsen, Leuven Institute of Criminology, University of Leuven, and Gunda Wößner, MPI for Foreign and International Criminal Law, Freiburg 13:00 END OF WORKSHOP

4 Abstracts in order of appearance Marie Keenan: School of Applied Social Science, University College Dublin (Ireland) SEXUAL TRAUMA, SEXUAL VIOLENCE AND ABUSE: THERAPY, RESTORATIVE JUSTICE AND THEIR INTER-RELATIONSHIPS Based on four clinical cases involving sexual trauma and violence this paper will analyse different aspects of the relationship between therapy and restorative justice. The cases will be used as a point of departure for consideration of the following questions in relation to sexual violence and abuse cases: 1. In the clinical situation what is the right relationship between therapy and restorative justice? 2. Can therapists do RJ work with the same case? 3. What are the skill-based challenges for therapists in undertaking RJ work? 4. What are the ethics of care when RJ and therapy meet in the therapy rooms? 5. Who decides if victim/survivors or offenders need therapy prior to or during their preparation for a restorative meeting/conference or event. The paper will conclude by drawing together some tentative responses to the above questions incorporating what the academic literature has also to offer. Eileen Finnegan: One in Four, Dublin (Ireland) THE PATHWAYS TO RESTORATIVE JUSTICE THROUGH THE THERAPEUTIC PROCESS One in Four is an NGO providing psychotherapy to adult survivors of child sexual abuse and to their families, together with a sex offender treatment programme. This presentation will focus on the experience of One in Four in introducing restorative justice processes to families that have been impacted by sexual abuse. It will specifically focus on the learnings and information we have gathered on the role of restorative justice within the therapeutic process. Through the presentation of case studies we will see how the preparation of RJ in these cases has taken on a more therapeutic focus. Many individuals, before they can discuss the harm caused with family members and perhaps the perpetrator, need time and space to deal with their own impact first. It will discuss the question of 1. Who should facilitate these cases? 2. What knowledge of sexual violence does the facilitator require? 3. What length and type of preparation is required before the parties can meet together? It will conclude with some feedback from facilitators and participants who have participated in the process to-date. Karin Sten Madsen: University of Southern Denmark, Copenhagen (Denmark) INTRODUCING RESTORATIVE DIALOGUES IN A THERAPEUTIC SETTING For the past two decades, restorative dialogues have emerged in response to sexual violence in Denmark. These restorative justice practices developed initially as part of the therapeutic treatment of victims of sexual violence and latterly have also been extended to the treatment of offenders. The paper will introduce different restorative approaches being used according to the age of the participants and exemplify the challenges and opportunities that arise when restorative justice and therapeutic treatment seek common ground.

5 Thore Langfeldt: Institutt for klinisk sexologi og terapi, Oslo (Norway) UNDERSTANDING PEOPLE WHO HAVE COMMITTED SEXUAL OFFENCES IN RELATION TO PSYCHOTHERAPY AND RESTORATIVE JUSTICE Vince Mercer: The AIM Project, Stockport (UK) CAN WE DELIVER SAFE RESTORATIVE PRACTICE IN CASES OF ADOLESCENT SEXUAL HARM? The lecture will focus upon how the AIM Project based in the UK has pioneered the inclusion of restorative approaches to address harmful sexual behaviour (HSB) in relation to adolescent sexual harm and in particular how to ensure safe and applicable restorative practice. It will cover the development of a series of Best Practice Guides to assist practitioners, the creation of a model of restorative assessment, the strengths and weaknesses of this approach and briefly touch upon the therapeutic benefits to an offender in custody who participated in the scheme. Lieve Dams: Berkenwinning Psychomedisch Centrum, Heusden-Zolder (Belgium) WORKING TOOLS IN MEDIATION BETWEEN VICTIM AND OFFENDER IN SEXUAL VIOLENCE In mediation and other forms of restorative justice performance commitment is often coming forward. However, this should not be taken for granted. Mediation in criminal cases should be seen as a potential working instrument (tool), which can lead to an improvement of the commitment between victim and offender. It entails the potential to smoothen the negative charge between offender and victim, a field full of pitfalls where both walk on. Conflict feelings and negative emotions, in short, distorted, negative commitment between offender and victim could be transformed by the help of the mediator into a positive working alliance between offender and victim, with the result that the victim and the offender can ask and say to each other what they want. This can result in having less negative emotions when they think of the violence. However, not every offender and every victim is eligible to participate in mediation. There are several factors that contribute to a successful mediation. This presentation will discuss under which circumstances mediation is not useful and should not be recommended. We will also discuss in which cases mediation can serve as a positive contribution within the therapeutic context.

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