"A weight was lifted off my shoulders". A mixed-methods study into the use of restorative mediation within sexual offences.

Abstract

The Dutch societal and legal context surrounding sexual violence is changing: sexual harassment scandals came to light, and the House of Representatives is discussing a legislative proposal concerning a wider range of punishable sexual offences. However, there is still a “justice gap” regarding sexual offences: most cases are not reported or prosecuted. Sexual violence can lead to secondary victimisation: victims suffer consequences from the crime itself, but also its aftermath. Stemming from the restorative justice movement, restorative mediation can be a solution. Restorative mediation, a voluntary dialogue facilitated by a neutral mediator, can be direct or indirect. Literature suggests direct mediations provide more ground for emotional healing due to a multitude of vocal and non-vocal cues. The mediator and the presence of a (sincere) apology were also expected to influence the mediation’s perceived success. A mixed-methods study, with a focus on a qualitative, thematic analysis of 120 logbooks of mediations in sexual offences, was performed with the aim to investigate the difference in perceived success between the mediation types. Direct mediations are more prevalent within sexual offences compared to other violent crimes. The results confirm that direct mediations have more positive results than indirect mediations. However, within indirect mediations, letter exchanges are evaluated more positively than shuttle mediations. The results also confirm the importance of the mediator, a (sincere) apology, and, additionally, the attitude of the participants. Shuttle mediations appeared susceptible to disappointment and misinterpretation, but direct mediations (and letter exchanges in part) can help cope with trauma. Limitations of this study were dependence on secondary data and selection bias. Recommendations are given to mediators regarding their work process, and to Perspectief Herstelbemiddeling regarding their policy development and research.