‘I’m harmed and I don’t think the person who did it knows’: we looked at different responses to uni sexual assault
Restorative justice is an alternative pathway that focuses on repairing harm, rather than on criminal penalties.
The Cornell 7 case has drawn attention to the ways universities handle sexual assault claims. Recent Australian surveys indicate that around one in six university students have experienced sexual harassment, and one in 20 have faced sexual assault. However, only about 5.6% of those who have been sexually assaulted formally report the incident to their institution. Additionally, fewer than a third of those who do report are satisfied with how their case is managed.
Restorative justice offers an alternative approach to dealing with sexual harm on campuses. This victim-led process focuses on accountability and repairing harm rather than imposing criminal penalties. It can involve a structured, facilitated conversation between the person harmed and the person responsible (along with any supporters) to discuss the incident in a trauma-informed setting.
Unlike a formal complaint, participation in restorative justice is voluntary, and all parties must acknowledge the perpetrator's behavior for it to be appropriate.
While restorative justice can be delivered safely and has shown benefits for victim-survivors, it requires skilled facilitation to avoid potential re-victimization. In 2025, the Australian Law Reform Commission recommended that governments make restorative justice for sexual violence widely available, even for those who haven't sought police involvement.
Research conducted by the Australian Institute of Criminology examined the needs of individuals who have experienced sexual harm. Interviews with 11 professionals involved in university student support revealed that some students prefer holding perpetrators accountable without involving the police or university disciplinary processes.
They often seek acknowledgment of the harm and an opportunity for the offender to understand the impact of their actions, which may include an apology. One participant noted that students may opt for restorative pathways due to having more control over their case handling.
Restorative justice could provide universities with an additional pathway for addressing sexual violence. While it may not be suitable for every situation, it can have a positive impact on victim-survivors when implemented with expert facilitation. Existing research indicates that participants in restorative justice schemes have experienced a sense of being heard and regaining control over their lives, which conventional processes often fail to deliver.
However, access to restorative justice is currently limited, often stemming from individual practitioners' expertise and willingness to facilitate. Recent federal legislation in Australia requires public universities to respond to gender-based violence with a focus on providing individualized support, including options for informal or alternative resolution such as restorative justice.
Written by urgent.news from The Conversation AU's reporting — not their text. Machine-written — may contain errors; check the original before relying on it.
