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Copy of Kaleidoscopic Justice: Making sense of the lived complexitie

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Clare McGlynn

on 25 January 2016

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Transcript of Copy of Kaleidoscopic Justice: Making sense of the lived complexitie

What we know
Meanings of justice for survivors go beyond the conventional justice system

Shirley Jülich (2006)
Judith Herman (2005)
Conclusions
Justice as personal and political
Justice as a lived, on-going, ever-evolving experience
survivors' sense of justice at its core
Voice
Kaleidoscopic Justice:
mapping the dimensions of justice for sexual violence survivors

Professor Clare McGlynn
Durham Law School

Incident


Report to Police
Punishment
The Rape Justice Project
20 women survivors
North-east England
Age 16-74
White ethnicity
Wide range of educational backgrounds
Experienced different forms of sexual violence
50% reported at least one incident to the police
Conventional Justice
Dominant understandings of justice as conventional, linear and incident-based
Kaleidoscopic
Justice
no clear beginning
no finite end
not linear
continually shifting pattern
lived and on-going
experienced differently over time
Recognition
Social Change
Prevention
Dignity
Consequences
Support
"I think the only way you could get justice is for it not to happen really, that's the only justice that I can see in a broad sense"
"Rather than punishing exactly... I'd rather no one go through it"
"I don't think any type of punishment will be enough for somebody that's gone through it because it can't get that time back. It can't heal the wounds you can't see. So there has to be some kind of education, safety, something put in place because of the society we live in. Apart from education, what else can we do?"
"Putting money into education and those sorts of things... and rehabilitation [is money] better spent quite honestly [than imprisonment]"
"justice is a guilty conviction"

"the only kind of justice is prison"
"even if you received justice kind of through [the Criminal Justice System], is it the kind of justice that you wanted? Like maybe not necessarily"
Exposure
Admission of guilt
Restorative Justice
"I would have liked him to have been exposed for what he was and I would like the opportunity to know that he wasn't able to perpetrate any more offences against anyone"
"I would never ever say putting somebody like that into jail would make things right, like I say, it's admitting... them to admit"
"[I] would rather sit down and understand why than send someone away... with all these... unanswered questions and have to sort of try to figure out what's going on"
"I think it's that recognition of hurt that would mean or does mean justice to me personally"

"Justice for me is having not only the perpetrator, but also different sections of society as a whole, understanding that I was really hurt and ... be able to see and appreciate that actually that must have been awful"
"For me it was more about him understanding the severity of what he'd done and acknowledging it"
"Provide justice to victims by helping them to rebuild their lives" (Herman 2010)
"Making the victim of sexual violence whole again"

"Enabling them to have a life again that is devoid of having that constantly playing out in their heads"
Kaleidoscopic Justice
What does justice mean for survivors of sexual violence?
S
t
a
r
t
Prosecution
Trial
F
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n
i
s
h
"I think, actually, just like being sensitively treated throughout, and they would never guarantee that."
"making women who report not so much a witness, as like having a say in the investigation in their case, so that they’re not just basically evidence"
"The greatest thing is that they [women's support service] allow you to have your choices. They allow you to make decisions. They empower women and walk side by side, step by step. They have walked beside me every step of every way and if it wasn’t for [women's support service] I wouldn’t be sat here now having this conversation with you."
"I think power is the most important thing in a situation like that. I think you've got to have power because ... there's been an incident where all power has been taken away from you. So for it to then be taken away from you again and again and again it's not ... how I would have liked to deal with it anyway. I think having power is very important"
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