October is Domestic Violence Awareness month. To deal
effectively with domestic violence, it is necessary to see
beyond the politically correct approach to this issue.
Some victims need an alternate method of handling domestic
violence, which allows them to preserve their relationships
while preventing future violence.
Domestic violence is undergoing a redefinition. For example,
it used to be considered a "woman's" issue: that is, men commit
violence against women. But men's rights advocates have
vigorously publicized an impressive
body of
research indicating that the sexes batter each other at
roughly the same rate. The changing face of the domestic
violence victim is only one departure from political
correctness.
The concept of
Restorative
Justice is another.
Restorative Justice is the collective name given to various
approaches to domestic violence which try to end the violence
through techniques such as therapy, negotiation and community
involvement. Restorative Justice has the twin goals of a)
restoring to the victim what has been lost -- e.g. dignity or
control, and b) achieving a resolution between the parties in
conflict.
It is always wrong to strike another person in anything but
self-defense. But when violence occurs, the one-size-fits-all
solution of criminal prosecution isn't what many victims want.
There should be options beyond going to court or silently enduring
the violence.
This new paradigm offers another option.
Restorative
Justice stands in sharp contrast to the traditional criminal
approach. It defines the abuse as violence against another
person to whom a debt therefore is owed, not as a crime against
the state. It emphasizes problem solving and prevention, not
guilt. The parties directly involved decide what is a "just"
outcome rather than leaving that decision to a law book or a
government agency.
Restorative Justice solves the social problem of domestic
violence without creating a second one (incarceration in a
bulging prison system). Moreover, the abuser takes
responsibility for the violence rather than merely enduring
punishment and, so, true remorse and reform become more likely.
Restorative Justice will not work for everyone. It will
certainly not work in circumstances where the abuser has no
remorse. But for situations in which dialogue, therapy and
arbitration are possible, Restorative Justice
"workshops"
can be positive. Such workshops are beginning to spread, often
with the encouragement of police departments.
One of the main barriers to the spread of Restorative Justice
is the hostile reaction of politically correct feminists. In its
summer 2000 issue,
Interaction, the
publication of the Canadian Network Interaction for Conflict
Resolution, recounts a confrontation between the director of a
woman's group and a group of non-profit agencies using
Restorative Justice.
The feminist attacked them for "focusing on the abuser,"
screaming, "Women's lives are at stake!"
A director from a non-profit recalled, "No one responded ...
The truth was all of us were savvy enough to know she wasn't
asking for a response that involved discussion or dialogue,
rather a strong clear message about Restorative Justice was
being delivered. The message was 'STOP!'"
Similar
scenarios
are being played out wherever Restorative Justice is tried. PC
feminists argue that working to preserve the family in the face
of violence not only ignores the damage done to the victim but
also places her (or him) back into a dangerous environment. And,
in some cases, that criticism may be right. But it must be
remembered that Restorative Justice is not a substitute for
criminal penalties: It is an alternative that exists in parallel
with them.
Many valid questions can be raised concerning current
Restorative Justice programs. For example, they may not be
sufficiently condemnatory of abusers; the facilitators are often
lay people, from churches or other non-profits.
But the PC objections are largely invalid and may spring from
the fact that Restorative Justice is a reproach to the standard
feminist view of domestic violence. For example, Restorative
Justice argues that zero tolerance -- imprisonment for a first
offense -- may be a damaging approach when the victim favors
forgiveness and resolution.
Perhaps PC feminists perceive a threat to
"the domestic violence
industry" -- a multibillion-dollar "business" that has
ballooned on taxpayers' backs. Included in this industry are the
shelter directors, therapists, political advocates, lawyers,
university professors, social workers, and consultants whose
incomes derive from domestic violence. It would be embarrassing
if non-profit organizations could solve the problem as well ...
or better.
It must be repeated: No one should be battered. No one should
be battering. But when violence happens, there should be more
than one option available.
This October, the best way to honor Domestic Violence
Awareness Month is to applaud every choice available to victims.
To respect the women and men who choose to stay as well as those
who leave. Domestic violence is as complex as human nature
itself. The "right" choice to make varies according to personal
beliefs, the presence of children, background, financial status
... a diverse array of circumstances. For many victims of
domestic violence, the current system and solutions are not
working.
And yet, feminist critics have one thing right: Women's lives
are at stake. And men's. Let's give the victims more choice.