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OPEN LETTER: The Decriminalisation of Rape & Restorative Justice
Dec 17, 2020
OPEN LETTER: The Decriminalisation of Rape & Restorative Justice
Lord Chancellor and Secretary of State for Justice
We write on behalf of the Restorative Justice for All International Institute (RJ4All), a charitable NGO with a mission to advance community cohesion and human rights. Since our inception, RJ4All has carried out numerous Violence Against Women (VAW) programmes, and through the evidence that we have collected we wish to add our support to the views and findings of the recent
Report on the Decriminalisation of Rape
as well as other academic evidences on the matter including our own such as:
• Gavrielides, T. (2019). Collapsing the criminal labels of domestic violence: A social and restorative justice approach, London: RJ4All Publications.
• Gavrielides, T. (2018). Human Rights and Restorative Justice, London: RJ4All Publications. ISBN 978-1-911634-00-3.
• Gavrielides, T. (2018). Equality Matters for Restorative Justice, London: RJ4All Publications. ISBN 978-1-911634-03-4.
• Gavrielides, T. (2015). “Is Restorative Justice appropriate for Domestic Violence cases?”, Social Work Review, XIV, nr. 4/2015, pp. 105-121
• Gavrielides, T. and V. Artinopoulou (2012). “Violence against women and restorative justice”, Asian Journal of Criminology, Volume 8, Issue 1 , pp 25-40 ISNN 1871-0131.
• Gavrielides, T. (2017). “Structured & Unstructured Restorative Justice: The case of violence against women”
in Halder, D. and Jaishankar, K. (Eds). Therapeutic Jurisprudence and Overcoming Violence Against Women, Pensilvania: IGI Global Publications.
RJ4All has often pointed out its concerns in relation to the proper functioning of the criminal justice system and its various agencies. We are particularly concerned in relation to carrying out consistently their legal functions in relation to the investigation and prosecution of rape. Protestations have been made to the contrary, but figures and the testimony of survivors do not lie.
We have long advocated for the empowerment of survivors to represent their own needs and reach their own outcomes through restorative justice. In the current situation the Criminal Justice agencies (the CJS) actually prevent this from happening – they do not deliver just or positive outcomes and as currently constituted they fail victims of rape in particular. We are also currently carrying out a VAW EU funded programme https://www.achance4change.eu/
which we would be keen to present to you.
When state agencies fail so fundamentally it becomes critical for Government to take action. Legislation is needed. A Victim’s Law has been years in the waiting and RJ4All has expressed its concerns on a number of occasions. We refer you to some examples of the evidences we have presented on the matter:
• Gavrielides, T. (2017). “Collapsing the labels “victim” and “offender” in the Victims’ Directive & the paradox of Restorative Justice”. Vol 6 International Journal of Restorative Justice, p. 368-381.
• Gavrielides, T. (2015). “The Victims’ Directive and What Victims Want from Restorative Justice", Victims and Offenders Journal, DOI 10.1080/15564886.2014.982778
The time has come to legalise victims’ rights. The Victims’ Code is not enforceable and is not complied with. The role of the Commissioner for Victims and Witnesses (V.C.) needs to be enhanced as a matter of urgency and in line with the recent report into the “Constitutional Powers of the Victims’ Commissioner for England and Wales.”
We advocate for the following measures:
• Legal Representation for victims:
There is a pressing need for victims to have access to proper legal representation, both in cases of public interest and to enforce victim legislation and regulation. The status of the victim in court as a merely a witness for the Crown is archaic. Ask any woman who has been raped whether she regards herself as not being a legal “party to the proceedings?”
• Right of Address:
We advocate for the law to be changed so that victims have the right of address in court, especially in certain circumstances where their character and evidence are challenged as being perjured, or where the allegations made against them may place them at risk.
• Civil prosecutions:
As an interim solution, victims should be enabled to pursue those cases set aside by Police and CPS in the civil courts. Victims should have the ability to bring their case to court, and to a conclusion, in a timely manner.
• The Role of the Victims’ Commissioner
should be enhanced in line with the recent report into the “Constitutional Powers of the Victims’ Commissioner for England and Wales.” Especially in relation to powers to enforce compliance with relevant regulations and also to receive and direct complaints.
• The role of restorative justice
as an educational and prevention tool will need to be revisited with genuine intentions. We have evidence to believe that previous government attempts to promote restorative justice were based on the wrong premise following false assumptions and promises. A wider and more inclusive engagement with restorative justice practitioners working in the community and not only through top down institutions will need to take place.
We will continue to use our research and community-based projects to empower and protect victims. RJ4All would be keen to engage with your Department to take these recommendations forward.
Best wishes,
Ben Lyon Dr. Professor Theo Gavrielides Gabrielle Brown
Chair of the Board Founder & Director RJ4ALL Board Member
Joint Advocacy Letter: Inclusion of Restorative Justice in the Victims & Prisoners Bill
Cllr Natasha Ennin, Cabinet Member for Community Safety, LBS Cc Althea Loderick, CEO of Southwark Council Neil Coyle, MP Caroline Thwaites, Assistant Director for Community Safety & Partnerships, LBS Cllr, Nick Johnson, Surrey Docs Ward Cllr Cryan Stephanie, Rotherhithe Ward Cllr Ennin: 4th Feb 2024 Open letter: Invitation to a restorative justice dialogue Thank you for meeting the RJ4All International Institute on 25th January to discuss our programme of building in Southwark the world’s first restorative justice postcode. This open letter aims to provide you with some feedback on our meeting, which I found extremely discouraging and to some extent disrespectful of the hard work that RJ4All and our local community is putting in addressing the root causes that lead to community tensions and poverty in the borough. I have learned when I see conflict to expose it and try to address it by looking at the harm caused, and not the individuals involved. Rest assured that the intention of this letter is neither accusatory nor defensive, and we have our 10-year legacy to evidence our collaborative approach and constructive relationships with local, regional and national governments. We acknowledge the LA’s hard work and investment to address persistent inequalities and make the borough a safe place for all. It is within this spirit that I write, and offer a restorative justice way forward. Read the full letter
London, Jan 20, 2024: Today, an amendment to the Victims and Prisoners Bill was tabled to introduce a “victims’ right to restorative justice". Working closely with the office of Baroness Bennett of Manor Castle, RJ4All submitted evidence for legislative changes. This is the first of many others that are expected to be published on Monday.
The Victims Bill, the Rwanda Bill and the post office miscarriages of justice: What do they have in common?
The biggest gathering of advocates of restorative justice, transformative justice, and innovative legal practices is just around the corner! Practitioners, researchers, academics and a multitude of esteemed colleagues will live an unforgettable experience at the upcoming Justice Innovation Summit, set against the backdrop of the tropical paradise of Honolulu, Hawaii, from February 16 to 19, 2024. This groundbreaking event promises to be the biggest celebration of restorative justice worldwide and our Founder and Director, Dr. Theo Gavrielides could not miss such an important call! Exploring the Intersections The summit is a convergence of Restorative Justice, Transformative Justice, Therapeutic Jurisprudence, Transitional Justice, Victimology, and Indigenous Peacemaking. By delving into these diverse fields, the conference aims to answer crucial questions about how these practices intersect and contribute to improved access to justice for individuals and communities around the globe. Addressing Key Questions Interconnectedness: How do these justice approaches intersect, and how can they collectively enhance access to justice? Effective Applications: What are the most effective applications of these strategies in schools, corrections, child and family services, domestic violence, violence against women, and building peaceful communities? Collaboration: How can these justice innovations collaboratively work at both institutional and systemic levels to create lasting change? Tentative Schedule of Events Thursday, February 15th, 2024: Restorative Justice in Hawaii Legislative Briefing @ The Hawaii State Capitol (free & open to the public) Friday, February 16th, 2024, 9 am-3 pm: Pre-Conference Training Workshops (additional registration fee) Protecting the Environment with Restorative and other Justice Innovations Huikahi Reentry Planning Circles for Incarcerated People & their Loved Ones School K-12 RJ Practices and Experiences How to Build a Successful Restorative/Social Justice Organization Indigenous People’s Justice Practices Family Group Conferencing for Children and Families Restorative Justice for Addressing Domestic Violence & Violence Against Women Friday, February 16th, 2024: 4 pm: Opening Summit Ceremony , meet & greet with pupu and beverages Saturday, February 17th, 2024: 8 am: Doors Open – Registration packet pickup and continental breakfast 9 am: Welcome & Summit Orientation 10 am: Dorothy Roberts Keynote on Justice Innovations 1 pm: Innovative Impacts Shared from Sessions 3:15 pm: Roundtable Panel Discussion of Innovations 5:30-8 pm: Hawaiian Dinner (additional fee, pre-registration) Sunday, February 18th, 2024: 8 am: Doors Open – Continental Breakfast 9 am: Welcome Daily Orientation Keynote Presentation/Panel 1 pm: Innovative Impacts Shared from Sessions 3:15 pm: Roundtable Panel Discussion of Innovations 5:30-8 pm: HFRJ hosted Dinner for all Summit Participants Monday, February 19th, 2024 (President’s Day Holiday): 9 am: Doors Open – Continental Breakfast 10 am-2 pm: Hawaiian history of justice concepts and initiatives , Indigenous Panel Discussion, and creative cultural expressions. RJ4All's Involvement We are thrilled to announce that RJ4All is actively involved in organising this momentous summit, contributing to the global celebration of the transformative power of restorative justice. Stay tuned during the summit days as RJ4All will be publishing frequent updates on our progress and sharing interesting insights with our followers! Our Founder and Director, Dr. Theo Gavrielides, will be there as a keynote speaker, adding his expertise to this incredible gathering. Save the dates, mark your calendars, and get ready to be part of this historic event. For more information on the summit, visit Justice Innovations Summit . See you in Hawaii!
The RJ4All International Institute is delighted to share the news that we have been selected to receive funding from The Government’s Community Organisations Cost of Living Fund, delivered by The National Lottery Community Fund, the largest community funder in the UK.
The ‘Community Champion Award’ was designed for the 10th anniversary of RJ4All to recognise the people who have made an outstanding contribution to our community at RJ4All. We want to celebrate the unsung heroes whose volunteering efforts have had a positive impact on their wider community.
London, December 12th – The Restorative Justice for All International Institute (RJ4All) proudly marks ten years of pioneering transformative change through the application of restorative justice principles.
Restorative Justice for All International Institute (RJ4All)
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