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)
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