U.S. flag

An official website of the United States government, Department of Justice.

NCJRS Virtual Library

The Virtual Library houses over 235,000 criminal justice resources, including all known OJP works.
Click here to search the NCJRS Virtual Library

Restorative Mediation: The Application of Restorative Justice Practice and Philosophy to Clergy Sexual Abuse Cases

NCJ Number
224806
Journal
Journal of Child Sexual Abuse Volume: 17 Issue: 3/4 Dated: November 2008 Pages: 377-396
Author(s)
Douglas E. Noll; Linda Harvey
Date Published
November 2008
Length
20 pages
Annotation
This article presents a restorative justice model and examines how the restorative justice philosophy and process can be applied to clergy-perpetrated sexual abuse (CPSA).
Abstract
Results indicate that the power of restorative justice through the use of restorative mediation can aid the healing journey of victim-survivors, the church, offenders, and the larger community. While the process requires some initial vulnerability by all participants, the outcomes are generally superior to those provided in the criminal, civil, or canonical legal systems of justice. Restorative mediation is not appropriate to determine the validity of an allegation. Likewise, the process is strictly voluntary and is not appropriate if there is any hint of coercion imposed on any person. Restorative mediation is not a shield to disclosure and is therefore inappropriate to keep the abuse a secret. Finally, restorative mediation is not appropriate if any part lacks a sincere desire to make things right, or if there is doubt that the parties will carry out their agreements. If the church wishes to retain its power and control over the process, restorative mediation will not work. Regardless of whether a case ends in restorative mediation or not, the preparation can bring clarity to the victim or the offender/church representatives as to their options and choices for dealing with the claims. In many instances, the parties are empowered to make decisions and take control of their situation. References