THE SCOTTISH Government has been told that plans to facilitate meetings between survivors of sexual violence and their attackers could cause the victim "further harm."

The stark warning about the restorative justice proposal came in an open letter signed by Women’s Aid groups from across Scotland, as well as a number of experts and survivors of domestic abuse. 

Nicola Sturgeon and Justice Secretary Keith Brown have been urged to remove domestic abuse and sexual violence from the scheme. 

The first participants are expected to take part in an initial test project in Edinburgh, and the Lothian and Borders next year, with services then being rolled out across the country.

Restorative justice is used in a number of countries.

It allows the victims of crime to meet with their attacker face to face in a safe environment to ask questions and explain the impact of the crime.

Its proponents say it can help people heal and overcome their trauma.

However, the signatories say the use of restorative justice in domestic abuse and sexual violence is “inadvisable” given the complex nature of the crime. 

The letter states: ”Domestic abuse/coercive control/ intimate partner violence are not one-off events but courses of conduct, whose frequency and severity can escalate over time and reach across private and public space. 

“Domestic abuse may continue overtly or covertly at different stages of the relationship and beyond, may be accompanied by stalking and harassment including post-separation, irrespective of the parties’ engagement with the criminal justice system.” 

They point to College of Policing guidance which says that domestic abuse is “among the most hazardous of cases [for restorative justice] because of the risk to victims of re-victimisation or serious violence and the potential effects of controlling or coercive behaviour’.   

They express concerns that the government’s plans have not been adequately thought through. 

“Physical and emotional safety are essential to recovery. We are concerned that the introduction of restorative justice processes will impact on women’s recovery from trauma, be counterproductive and cause further harm.  

“Engaging with the perpetrator in a restorative justice process may unconsciously re-traumatise, by reasserting a woman’s previous traumatic bond, derail recovery and increase the risk to her safety. 

"As control and manipulation are central in domestic abuse cases, overall this significantly challenges the appropriateness of restorative justice and is deeply problematic in this context.”

They also question the experience of the group Thriving Survivors to deliver the service. They have been commissioned by the government to come up with a “safe, trauma-informed service to support cases involving sexual harm.”

However, the letter writers say there is no “publicly available evidence of the organisation’s track record of competence in delivering highly specialist professional inputs to victims experiencing sexual violence.” 

The signatories  - who include Glasgow, Edinburgh, Orkney, and Perthshire Women’s Aid, the Dumfries and Galloway Rape Crisis and Sexual Abuse Support Centre, and individuals including Dr Anni Donaldson, Honorary Research Fellow, University of Strathclyde, and violence against women consultant, Mhairi McGowan - also express concern at the pace of the work, accusing ministers of rushing it through.

A spokesperson for Thriving Survivors said: “We fully acknowledge the concerns raised by some within the Violence Against Women sector however, it is critical that we respond to the needs and voices of survivors who want access to restorative justice in Scotland.

“As a lived experience organisation, we recognise the importance for a survivor to have power, choice and control when deciding what is best for them and their recovery.

“Our service is delivered in partnership with another lived experience action group, several experts in the field of restorative justice and sexual harm, as well as a number of national organisations who are committed to the development of restorative justice for women in Scotland.

“We currently have a team of 12 specialists from a range of backgrounds, including violence against women, children and young people and harmful sexual behaviour, training to an expert level in restorative justice. We remain committed to delivering the highest standard of service for survivors of sexual harm.”

A Scottish Government spokesperson said: “Restorative justice is not an alternative or substitute to the criminal justice system. However as part of the Scottish Government’s vision for justice, it is vital that victims and survivors are given a voice, and that their needs and values are respected and supported.

“We recognise the particular concerns regarding the safe use of restorative justice in cases involving domestic abuse. In sensitive cases such as these, restorative justice will only ever be explored if the request comes from the person harmed, and then will only be taken forward if assessed as safe to do so.

“We will continue to engage with the sector at both national and local levels, to ensure their expertise informs an appropriate response to survivors.”