Research suggests restorative justice could address university sexual assault, but access remains limited

Only 5.6% of students who experience sexual assault make formal reports; new study examines alternative pathways

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New research from the Australian National University, the University of Canberra and the Australian National University indicates that university students may be open to alternative pathways for addressing sexual assault, such as restorative justice, but these options are often difficult to access. The study comes amid renewed scrutiny of how universities handle sexual misconduct, following the Cornell 7 case in the United States.

National survey data show that about one in six Australian university students have experienced sexual harassment since starting university, and one in 20 have experienced sexual assault. However, the overwhelming majority of students who experience sexual harm never go through the formal university reporting system or access supports.

Only about 5.6% of students who were sexually assaulted made a formal report to their institution. At the same time, less than a third of those who did report were satisfied with how their case was handled.

The new research explores restorative justice as a potential alternative. Restorative justice is a victim-led process that focuses on accountability and repairing harm, rather than on criminal penalties. It often involves bringing the person who was harmed and the person who has acknowledged causing harm together in a structured, facilitated conversation. The process is carried out by professionals trained in trauma-informed practice and restorative justice.

Restorative justice does not require a formal complaint to begin and is not a substitute for determining a contested allegation. Participation is voluntary, and there must be sufficient acknowledgement by the person who caused harm for the process to be appropriate. It can also be used by those impacted by sexual harm who are not direct victim-survivors, such as friendship groups or residential communities like university colleges.

There is evidence that restorative justice can be delivered safely and support victim-survivors. However, the European Forum for Restorative Justice highlights that facilitation involves a complex set of skills, and when processes are not carried out properly, there is a risk of re-victimisation. There has been growing support for restorative justice approaches in the legal community in Australia, including from the Australian Law Reform Commission.

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Analysis

Why This Matters

  • Current university reporting systems leave the vast majority of sexual assault survivors without a formal response and many are dissatisfied with the handling of their cases.
  • Restorative justice could provide a more flexible, victim-led option that addresses harm without relying on the traditional disciplinary or criminal justice systems.
  • If access remains limited, many students may continue to suffer in silence, and universities may fail to meet their duty of care.

Background

Sexual assault and harassment on Australian university campuses have been a persistent concern, with national surveys tracking prevalence since at least 2016. The most recent National Student Safety Survey found that about one in six students had experienced sexual harassment and one in 20 had experienced sexual assault since starting university. Reporting rates have remained stubbornly low, and satisfaction with the handling of formal complaints has been poor, prompting calls for alternative approaches. Restorative justice has been used in other contexts, such as youth justice and some criminal cases, but its application to campus sexual harm is still emerging in Australia.

Key Perspectives

Victim-survivors: Those who experience sexual harm often want acknowledgment and accountability without the adversarial nature of formal complaints. Restorative justice could offer a sense of closure and repair if conducted safely and respectfully. Universities: Institutions need to balance the rights of complainants and respondents, comply with legal obligations, and maintain campus safety. Restorative justice requires trained facilitators and clear policies, which are not yet standard across the sector. Critics/Skeptics: Without proper facilitation and safeguards, restorative justice could re-traumatise victim-survivors. There are concerns about power imbalances between parties and the potential for the process to be misused if the offender does not genuinely acknowledge harm.

What to Watch

  • Whether Australian universities begin piloting restorative justice programs following this research.
  • Any formal guidance from Universities Australia or the Australian Law Reform Commission on implementing restorative justice for sexual harm.
  • Further studies on the outcomes and safety of restorative justice in university settings, particularly from the victim-survivor perspective.

Sources

Zotpaper

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