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IMO we need to completely rethink how our legal system deals with #sexualassault.
What weâre doing now is NOT WORKING. Not for victims, not for alleged perpetrators. It does not lead to accountability, justice and redress.
It seems to lead only to devastation. 1/ https://twitter.com/ntvnewsnl/status/1310352324934631427
What weâre doing now is NOT WORKING. Not for victims, not for alleged perpetrators. It does not lead to accountability, justice and redress.
It seems to lead only to devastation. 1/ https://twitter.com/ntvnewsnl/status/1310352324934631427
The criminal system has the power to imprison people, stripping them of their most fundamental liberties, so we require a very high standard of proof.
Proof beyond a reasonable doubt is a hard threshold to meet, particularly in cases with little corroborating evidence. 2/
Proof beyond a reasonable doubt is a hard threshold to meet, particularly in cases with little corroborating evidence. 2/
So what can we do? Where do we go from here?
How can survivors get justice? How can we hold perpetrators accountable?
How do we repair the impacts in families and communities? How do we make space for histories and trauma of all parties? 3/
How can survivors get justice? How can we hold perpetrators accountable?
How do we repair the impacts in families and communities? How do we make space for histories and trauma of all parties? 3/
What happens in prison that will make the perpetrator safer on release?
If they return to their community, will that survivor feel safe? Will they have to leave their community? 4/
If they return to their community, will that survivor feel safe? Will they have to leave their community? 4/
More often than not, no report is ever made. No charges, no trial, no acknowledgement of harm, no accountability, no justice.
In many communities, survivors and perpetrators will have to continue to interact, thereâs no avoiding it. Just whispers to be careful around so and so.
In many communities, survivors and perpetrators will have to continue to interact, thereâs no avoiding it. Just whispers to be careful around so and so.
When civil charges are brought, the standard of proof is lower (on a balance of probabilities), because thereâs no prospect of jail.
So do we encourage survivors to pursue civil remedies? In reality, this avenue is often not available. 6/
So do we encourage survivors to pursue civil remedies? In reality, this avenue is often not available. 6/
Could a restorative justice model be used? Seems to me this would be particularly positive in small communities where continued interaction is inevitable.
But NS has a moratorium on RJ in this context, so who is doing this we can learn from? 7/
But NS has a moratorium on RJ in this context, so who is doing this we can learn from? 7/
Modern Restorative Justice is modelled after practices developed and used in Indigenous communities.
With funding, perhaps those same communities could teach us the model? 8/
With funding, perhaps those same communities could teach us the model? 8/
A model that supports survivors and helps to make them whole, while maintaining fairness.
A model that creates accountability and transformative change for perpetrators, rather than just punishment.
A model that restores victims rather than put them on trial. #snelgrovetrial
A model that creates accountability and transformative change for perpetrators, rather than just punishment.
A model that restores victims rather than put them on trial. #snelgrovetrial
Less of a thread and more just my thoughts. Would love to hear and get resources from my much smarter and more insightful mentors, teachers and colleagues! 
@jjllewellyn @ElaineCraigDal @LynnMoore2013 @kwetoday @EllenOGorman2 @pivotlegal @LEAFNational @SJSOWC #lawtwitter
@jjllewellyn @ElaineCraigDal @LynnMoore2013 @kwetoday @EllenOGorman2 @pivotlegal @LEAFNational @SJSOWC #lawtwitter
