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Abstract. The New Zealand Law Commission and other stakeholders have been exploring the potential for introducing alternative responses to sexual offending. International jurisdictions have introduced specialist courts, coordinated crises responses and new case management procedures. Restorative justice has emerged as one of the preferred alternative responses. For any alternative intervention to be successful, an understanding of the victim's recovery process is indispensable. In this article we propose a model of recovery from sexual violence that informs justice professionals as they assess the readiness of adult victims of sexual violence, both historical and current, to engage in restorative processes. This model of recovery draws on Herman's (1997) work, a victim's response to trauma, and Zehr's (1995) model that describes the reaction of victims as they deal with a crime. Further, it accommodates the influence of Stockholm syndrome or traumatic bonding to which adult victims of sexual violence are sometimes exposed (Jülich, 2001, 2005). The model proposed enables restorative justice practitioners and other justice professionals to identify where victims sit on the continuum of their journeys of recovery, predict their likely reactions, and better prepare them to engage with justice processes. For the sake of clarity, the term 'restorative justice' in the New Zealand context refers to proceedings in the adult criminal jurisdiction.
Keywords: criminal justice, restorative justice, sexual violence, recovery
Introduction
The law in relation to sexual offending in New Zealand is once again on the political agenda. The problem stems from low reporting, as few as 7% (Stoop, 2014), low conviction rates and a growing realization both here and internationally that the adversarial model is an unwieldy mechanism of justice for both victim and offender1. Alternative models are being considered alongside fundamental changes to the trial process. Within those alternatives, restorative justice, which has been legislated for since 2002 and with an increase in referral of cases since 2014, is a logical next step in the government's consideration of alternatives.
In New Zealand, access to restorative justice for adult victims of sexual violence, both historical and current, is available within the current criminal justice environment. It does not replace adversarial justice but is an additional layer of justice funded by government and provided by non-government community groups known as restorative justice providers. Restorative interventions...