성폭력 피해자를 위한 회복적 사법의 적용

Despite decades of legal reform, the police and courts continue to fail sexual victims. The majority of sexual victims do not report the offense to the police, and for the victims who do report, the likelihood of their case reaching the court is low. What can should be done? On this question, some scholars propose more inclusive definitions of sexual violence and further legal reform to make court processes more protective for victims such as admitting video-recorded interview with victims. But this legal reform may be deadlocked because the traditional criminal justice system always demands finding of truth and punishing the defendant in case. Assuming that an offender has admitted responsibility for an offense to the police, an alternative to court prosecution is a conference, one type of restorative justice. The restorative justice(RJ) can be used when diverting cases form court or as presentencing advice to judicial officers. At present there are only two jurisdictions in the world, South Australia and New Zealand, that routinely use RJ in youth sexual court cases. In this paper, we I described in detail two sexual assault cases that were diverted to conferences. Both cases had youthful male offenders and female victims, and both were finalized by a family conference in South Australia. In a conference, an admitted offender, victim (or victim representative), their supporters, and other relevant parties, along with a police officer and facilitator, meet to discuss the offence, why it came about, how it affected the victim and others, and to decide on a penalty. I documented the victims' experiences with the police and what did occur in their face-to-face encounter with the offender.