Another Choice: Restorative Justice for Sexual Misconduct and Abuse in the Faith Community
Written by the Restorative Justice CouncilEdited by Eloise M. Rosenblatt
Introduction
The Restorative Justice Council on Sexual Misconduct in Faith Communities recognizes that acts of sexual misconduct and abuse have shattered the lives of young people and adults. There is generally a negative impact on the victim’s faith life and relationship with God. Families and friends who have supported the victim also feel the after-effects of abuse, along with the parish where the offender resided. Abuse in faith communities has a negative effect on citizens in the civic community as well.Information in this booklet addresses the needs not only of individual survivors, but also of organizations which seek to make things right for victims, offenders and local communities.
Church administrators in the past have typically responded to allegations of abuse with disbelief, protecting the church’s image, blaming the victim, and protecting abusers from the consequences of their behavior. They gave new assignments to these clergy without requiring rehabilitation and penance by the offender, or allowing redress by the victim. New assignments often provided opportunities for further abuse of children, teenagers, and adults.
Fear of a lawsuit after an allegation is made, or the fact that a lawsuit is filed can lead representatives of religious organizations to pay victims a settlement without fully investigating their allegations first. As a result, the full story of the sexual abuse or misconduct is not always made a matter of record. The victim may not have an opportunity to tell the offender about the after-effects of the abuse. Nor does a monetary settlement to the victim allow parties affected by the victim’s trauma an opportunity to find healing through disclosure of the facts and participation in a conversation about what happened.
Restorative Justice processes are based on the ideal that resolution of the trauma to an individual requires a comprehensive approach which includes outreach not only to the victim but to other parties. Such processes create an alternate way to deal with the victim’s trauma, and can also supplement litigation which produces a monetary settlement. A restorative justice approach differs from litigation, and as an independent model of handling such cases, it can provide a more integrated framework for reporting, investigation, and healing.
Restorative justice takes a holistic view toward both legal and monetary outcomes. It considers healing of the victim through forms of redress available through civil, criminal and religious law.
Revictimization
The survivors of sexual abuse have typically been victimized twice: first by their abuser and second by church administrators. Often there is a third abuse when victims fail to receive justice and healing in civil suits against their offenders and the church administrators who protected them. Litigation does not always provide full resolution or healing for the survivors.Physical abuse leaves emotional wounds that affect victims many years later. In addition to the physical and emotional suffering, many victims lose their faith in God and end up in spiritual crisis because they know their abuser was a person who symbolized God and the ministry of the church. The wounds leave scars in the soul as well as the mind and heart.
Incompleteness of Church Response
Churches have invited victims and survivors to come to them for healing and counseling. But many do not trust church administrators. Pain for some survivors was increased when they had to accept confidentiality agreements. They saw that offending clergy were transferred to new ministries rather than disciplined. Some church leaders even refused to allow victim/survivor support groups to meet on church property.As people committed to the practices of justice, forgiveness, and healing, how are we to respond to such pain? In the past, the institutions have denied the systemic problem, clergy have concealed their abusive actions, and victims have suffered in silence. Now many victims are bringing suits against the churches in court. Nevertheless, neither punishment of the offender nor monetary compensation in themselves make things right for the victim.
There needs to be another option beyond denial, silence and litigation. Is it possible that out of this painful situation, survivors can be part of process in which the churches can grow and change their ways?
Restorative Justice as a Resource
This booklet offers the model of Restorative Justice as a viable option for victims, offenders and religious organizations. In restorative justice the victim-survivor and offender sit down in a safe atmosphere with a trained mediator who facilitates an opportunity for them to talk and reach a mutually acceptable resolution. The offender can understand the pain that was caused and express remorse. When the victim does not want to meet with the offender or the offender is deceased, those with authority within the religious organization can meet with the victim and others that the victim chooses to have present at a mediation conference.If the victim does not choose to enter restorative mediation, then other restorative justice processes can be utilized, such as conferencing with other affected parties, substitution of the offender through a surrogate, analysis of impact on the faith community, and peace circles.
In restorative mediation, the victim is provided a forum to raise questions and express feelings, as well as a process toward growth through transcendence of pain. The victim who goes through such a transformative process becomes a “survivor.” The offender faces the offense of past behavior, and not only makes amends, but makes a commitment to reform his or her life.
Restorative Justice “restores” the mind and the soul. In some cases it addresses the financial burden borne by the wounded person. Dr. Mark Umbreit, a leader in restorative justice, describes this process as “a journey of the heart in harmony with the mind.”(Mark Umbreit, Mediating Intepersonal Conflicts, West Concord, MN: CPI, 1995, p. 18) This definition sums up the process and goal.
Restorative Justice Council
The Restorative Justice Council on Sexual Misconduct in Faith Communities, formed in 2003, is taking leadership in offering an alternative to silent suffering, denial, lawsuits and a loss of credibility in the religious arena. The Council trains mediators to competently deal with victims/survivors and offenders in partnership with faith communities, religious organizations, victims/survivors, offenders, and the legal system. Mediation is an option which can bring accountability to the offender, healing and restitution to the victim and credibility to faith communities.Vision and Mission
The mission of the Council is to facilitate restorative services and solutions for those affected by sexual misconduct in faith communities. This is done with compassion and sensitivity to the needs of the victims. The victims always have the option of civil suits or filing criminal charges. However, this option may not be what victim wants as resolution, and it is possible church authorities would prefer another model.The Council proposes that the victim, offender and the churches have another choice, which this booklet describes. The processes sponsored by the Council address child abuse and adult sexual exploitation not only in Christian denominations but in any faith community.
Our hope and mission is to address the problem of clergy sexual abuse by offering alternatives to litigation. Resolution of the victim/survivor’s trauma is rooted in a the Council’s conviction that healing of individuals and faith communities can only come after there is accountability and justice for the victim.
The Core Values of the Restorative Justice Council
The Restorative Justice Council Services
—> Next Page