Victimology and Restorative Justice: A Critical Appraisal of Reconciliation in Rape Jurisprudence

Abstract

Restorative justice has been proposed as an alternative paradigm to the conventional approach to criminal justice. Though Restorative Justice has been successful in addressing some kinds of crimes, the relevance of restorative justice in addressing sexual crimes like rape has been suspect. The paper seeks to explore the relevance of Victimology in Restorative Justice in the context of Rape jurisprudence in the Indian context. The paper evaluates the ethical, legal, and mental implications in addressing sexual crimes like rape through the prism of Restorative Justice. The paper concludes that addressing sexual crimes like rape through Restorative Justice has immense potential to cause further trauma, coercion in securing consent, and entrenchment of hierarchical social relationships. The paper reflects that though Indian courts have rejected the idea of any compromise between victims and offenders in rape crimes, the Indian judiciary has been moving in a direction that seeks to elevate the testimony of victims through rehabilitation. The paper culminates in a conclusion which asserts that even though restorative justice in its conventional sense is inappropriate in rape trials, an integration of its principles of recognizing harms, rehabilitating dignity, and empowering survivors through forms of therapeutic jurisprudence, state interventionism in rehabilitation, and victimism in general reforms can address rape in all its contexts while protecting survivors from further harms in the process.