One of the big critiques of our response to intimate partner violence and sexual violence is the lack of accountability and consequences for those who commit these acts. The mechanisms within the criminal justice system to hold perpetrators accountable are relatively weak and incomplete.

Police may lack the training to respond appropriately to intimate partner violence and sexual assault calls. Even when police have training on these issues, they often fail to properly handle calls that are suspected of intimate partner violence or sexual assault. The 2021 Gaby Petito and Brian Laundrie case was a well-known example of this. In this case, officers came under fire for not adhering to department protocols for domestic violence situations. At the same time, many police do not see addressing social issues as a central part of their job. They see themselves as enforcers of the law rather than a professional who intervenes in the relationships of others.

In addition, while the courts may grant you a restraining order against someone who has abused or assaulted you, they cannot effectively enforce these orders. Many abuse survivors tell stories of continuing to be harassed or stalked by their abuser even after they got this protection order. In other cases, the restraining orders are only temporary because there is not enough evidence of misconduct for permanent restraining orders. If the situation escalates to the point of pressing criminal charges against the perpetrator, there is no guarantee that prosecutors will pursue the case or hold the perpetrator accountable in a way that a survivor finds meaningful.

If a case gets in front of a judge, the trial process is not easy. Many survivors of sexual violence feel uncomfortable testifying and facing their attacker. Survivors of intimate partner violence may not want to be involved or have conflicting feelings about being involved in the court process, especially if they still love or want to be with their abusive partner. Even if convicted, punishment is punitive and frequently not focused on repairing damage or helping survivors heal. This is not to say that all survivors are unhappy with how domestic abuse or sexual assault trials resolve. It is the case, though, that many survivors feel that the criminal justice system does not sufficiently repair harm or bring justice to their experiences.

The barriers to effectively addressing these kinds of violence are complex and not easily fixed within our current system. Consequently, what role could alternative systems play in addressing these problems? For instance, restorative justice has become a central part of discussions about reforming the criminal justice system. Restorative justice centers the survivor, considering what they need to experience healing. It also involves the perpetrator’s participation, requiring them to recognize the harm they did in holding them accountable. More recently, the Center for Court Innovation published a report on the state of nationwide restorative justice approaches to intimate partner violence. Examples of restorative programs noted in this report include peacemaking circles, family group conferences, and support circles.

These programs are very different from a criminal justice approach. One of the reasons that groups have begun these practices is due to the inadequacies of the traditional criminal justice system in resolving these issues (Center for Court Innovation, 2019). Unlike the court system, restorative justice centers the survivor rather than the state. It recognizes the agency of survivors and their need to feel safe in the wake of these forms of violence.It also recognizes that healing can look different to different people. At the same time, restorative justice requires the perpetrator to participate actively and engage in an accountability process. More broadly, restorative justice engages communities in their efforts to address intimate partner violence by shifting the culture around intimate partner violence.

Participation in restorative justice interventions is voluntary and may not be appropriate in all situations, especially if this is not the survivor’s wish. Even so, restorative justice provides an alternate framework, which is worth considering as a means to address some common complaints with the criminal justice approach to intimate partner violence.

9.6.2 References

Center for Court Innovation. (2019). A National Portrait of Restorative Approaches to Intimate Partner Violence: Pathways to Safety, Accountability, Healing, and Well-Being. https://www.innovatingjustice.org/sites/default/files/media/document/2019/Report_IPV_12032019.pdf