Ending Sexual Violence Through Transformative Justice

Sexual violence is used to maintain what Dr. Riane Eisler (1990) conceptualizes as the dominator model of society. The early days of the feminist anti-violence movement focused on changing the dominator model, but, in part, this focus was co-opted by seeking criminal justice solutions, contributing to punitive responses and mass incarceration that have been ineffective in ending sexual violence. The racist history of the rape charge and its disproportionate effect on people of color, an effect that continues today. Legislators have passed draconian laws that uniquely apply to anyone convicted of a sex offense, the definition of which has been broadened to encompass harmless behavior. A separate legal regime for sex offenders that isolates them from society and marks them for life as monsters obfuscates the causes of sexual violence and contributes to the problem. The feminist anti-violence movement remains influential, though little recognized, in today’s efforts to respond to sexual violence through restorative justice and transformative justice. A number of groups have adopted the RJ/TJ model, in particular women of color. The article provides examples of successful and unsuccessful implementation of RJ/TJ and discusses impediments to wider adoption of this approach. RJ/TJ is a promising alternative to the current criminal justice response to sexual assault, one that will bring us closer to a partnership culture

Anderson's ethical vulnerability: animating feminist responses to sexual violence

Pamela Sue Anderson argues for an ethical vulnerability which “activates an openness to becoming changed” that “can make possible a relational accountability to one another on ethical matters”. In this essay I pursue Anderson’s solicitation that there is a positive politics to be developed from acknowledging and affirming vulnerability. I propose that this politics is one which has a specific relevance for animating the terms of feminist responses to sexual violence, something which has proved difficult for feminist theorists and activists alike. I will demonstrate the contribution of Anderson’s work to such questions by examining the way in which “ethical vulnerability” as a framework can illuminate the intersectional feminist character of Tarana Burke’s grassroots Me Too movement when compared with the mainstream, viral version of the movement. I conclude by arguing that Anderson’s “ethical vulnerability” contains ontological insights which can allay both activist and academic concerns regarding how to respond to sexual violence

Truth and justice: The challenge for victims at the International Criminal Tribunal for the Former Yugoslavia

The United Nations mandate to the International Criminal Tribunal for the Former Yugoslavia (ICTY) includes "to render justice to victims." Rendering justice has many facets. It may include arrest, conviction and appropriate sentencing of the perpetrator(s). For a victim to feel justice has been done, it often also requires a public forum where she can tell her story. It requires that she be listened to with respect. It requires that the community acknowledge her suffering. How well can the ICTY accomplish its mission to render justice to victims? Is it sufficient? The presentation will address this question in the context of the ICTY generally and the trial of Slobodan Milošević in particular