The Commission also drew on CIJ’s research to dispel misconceptions about victim survivors’ readiness to participate in the prosecution process.
“Contrary to common assumptions, most survivors who report to police want to see action taken,” said Campbell.
“Survivors often persist in following up the investigation process at great cost to their wellbeing, with the CIJ’s research finding that ‘attrition’ is most likely to occur due to slow investigation and police failure to gather appropriate evidence.”
“Our research shows that survivors will persist in most part because they want choice and because they want to stop the violence from happening to someone else”.
That choice does not only include the option to participate in the criminal legal process, but also the option to participate in other processes that are more likely to meet survivors’ wider needs.
Stan Winford, Associate Director at CIJ, said the Centre was encouraged by the Commission’s support for CIJ’s restorative justice submission, and its comprehensive set of recommendations designed to improve access to restorative justice as an option for survivors across Australia.
“Restorative justice responds to harm by focussing on the needs of the people who have been harmed,” he said.
“It enables survivors to hold the person responsible accountable in ways that are meaningful to them, offering a more flexible and survivor-centred approach to justice.”
“Survivors we work with value restorative justice as a process that they have chosen to participate in, and that is led by them, rather than something over which they have little control.
“Providing access to restorative justice for those who might benefit from it represents an essential shift towards a justice system that understands and responds to the lived experiences of survivors, ensuring they have a voice in their healing process.”
“Without legislative change and appropriate resourcing, however, many survivors will continue to face barriers to accessing justice that truly addresses their needs.”
Winford and Campbell both called on the government to adopt the recommendations to quickly remove barriers to justice for victim survivors.
CIJ’s submissions shaping key recommendations
The CIJ’s objective is to develop, drive and expand the capacity of the justice system to meet and adapt to the needs of its diverse users. It was as part of this objective that the Centre made two submissions to the Commission as part of their inquiry.
The first submission focused on restorative justice and drew on the work of Open Circle, CIJ’s restorative justice service.
The second submission was called ‘Build it out or burn it down?’ and explored broader issues related to the criminal legal process experience for victim survivors of sexual violence.
You can find the ALRC media release, Final Report and Summary Report here.
If you or someone you love has experienced sexual harm and wish to explore restorative justice options, or to find out more about our restorative justice practice arm, Open Circle, head to https://cij.org.au/opencircle/.
For more information about the CIJ please contact us at cij@rmit.edu.au.
Story: Finn Devlin
