Transforming campus culture to prevent rape: The possibility and promise of restorative justice as a response to campus sexual violence
From the article by Alletta Brenner on The Harvard Journal of Law & Gender Blog:
Though feminists have long argued that rape is linked to sex discrimination, legal responses to rape tend to ignore the ways that social and cultural norms contribute to sexual violence. One exception, however, exists in the context of federal anti-discrimination law under Title IX, which applies to colleges and universities that receive federal funds. Under the legal framework established by Title IX, rape constitutes a form of severe sexual harassment, to which educational institutions are legally obligated to respond.An institution’s failure to do so is considered evidence of sex discrimination and may subject it to both federal penalties and civil liability. Recently, this obligation was further strengthened by the passage of legislation that codifies particular aspects of what campus grievance processes for rape survivors must include and requires schools to take affirmative steps to transform campus culture to prevent rape.
Restorative justice, policing and the Big Society
There has been much talk about restorative justice. We’ve seen encouraging pilots and there’s talk about it not only in this country, but around the world. So why is it that something that offers such encouraging results should not have taken a greater hold in our system?
Well, I think it is because we’ve seen evolving over the last few years a criminal justice system that has been very much directed from the centre.
We’ve been through the recent era of targets and what has eloquently been described as ‘deliverology’. The idea of managing from the centre, of close direction in order to try and drive up the performance of public services. This was done for benign reasons, but we all know what the consequences were.