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.