Source: (2010) University of New South Wales Law Journal. 33(3):662-684.

The aim of this article is to take the debate forward and propose an alternative pathway for appropriate cases based on principles of restorative justice and therapeutic jurisprudence. Therapeutic jurisprudence focuses attention on ‘the extent to which a legal rule or practice promotes the psychological or physical well-being of the people it affects’.13 Restorative criminal justice aims to provide a ‘restorative’ process for both victims and offenders, through a nonadversarial and relational model of disposition. Therapeutic and restorative approaches are also drawn on here from a framework of feminist concern about the gendered power relations involved in sexual assault and embedded in the criminal justice system. (excerpt)

Read Full Article