Restorative Justice and Elder Abuse: A Promising Match?

Restorative-Justice (RJ) is a form of justice that recognizes that abuse is a violation of people’s relationships rather than only a violation of formal law. Its focus is on healing ruptured relationships between victims, offenders and others involved. The typical response to abuse has been retributive, which assumes that only by punishing offenders can the problem be resolved. The reality is that punishment alone does little to repair damaged relationships or restore peace. If anything, punishment aggravates relationships and rarely heals victims' wounds or improves offenders' behavior. Many offenders blame their victims for reporting crimes and  seek revenge after completing their sentences. Not only is this not in victims' or offenders' best interests, it does not serve the needs of society.

...punishment alone does little to repair damaged relationships or restore peace. If anything, punishment aggravates relationships and rarely heals victims' wounds or improves offenders' behavior. Many offenders blame their victims for reporting crimes and  seek revenge after completing their sentences. Not only is this not in victims' or offenders' best interests, it does not serve the needs of society.

The roots of RJ are found among many of the world's indigenous people. To survive, these groups need methods to deal with internal strife so that after conflicts are resolved, resulting in a lasting peace. The methods often cited are family group meetings of the Maoris of New Zealand and the tribal circles of many American Natives. In both methods, those affected--victims, offenders, their families, witnesses and those of the larger social group (stakeholders)--take part in special gatherings. The primary objectives are to provide open forums with full disclosure of what caused the conflict, what actually happened, how the abuse affected those involved; and finally, what is needed to restore relationships for a lasting community peace. Typically, negotiations take place which allow all the stakeholders to propose how to repair the harm done. Usually the focus is on “how to make whole that which had been broken.” Apology, forgiveness, compensation, mediation and restitution are major parts of these discussions. All participants are given the chance to speak, and ultimately, mutually agreed-to solutions are found. Modern-day RJ practices, which embody these same principles, have been adapted and successfully applied in the USA, Canada, Australia, and New Zealand.

Usually the focus is on “how to make whole that which has been broken.” Apology, forgiveness, compensation, mediation and restitution are major parts of these discussions. 

The question is, how can Restorative Justice principles and practices be applied today, especially for Elder Abuse responses? RJ philosophy, principles and practices have been put into action in collaboration with many justice systems; however, usually outside of formal systems. Responses to elder abuse include the use of mediation (see the Center for Social Gerontology, Inc. (TCSG) and the Elder Mediation Program in Ann Arbor, Michigan) and conferencing (see the Restorative Justice Approaches to Elder Abuse Project in the Waterloo region of Ontario and the S’Klallam Tribe in Seuim, Washington). I think, these applications move us much closer to real elder justice. Obviously, these applications are challenging to implement as they are major paradigm shifts away from retributive models. My take is, if we want to see real change and restoration, we must embrace and commit to these concepts and actions. Even though the benefits of RJ are obvious, another challenge is how to cope with systemic resistance. In addition to organizational activism, to reach these objectives, innovative attempts must include a high amount of “frustration tolerance.” Collaborations between new ideas and traditional justice can be tough. 

In Fresno, California we have been trying to implement a model with the possibility to include restorative justice options when appropriate. Ten years ago, we created an NGO to establish a special emergency shelter for elder victims in imminent danger with immediate protection with an RJ option. Elder Abuse Services, Inc. (EASI) was formed as the vehicle to bring these ideas to fruition. We discovered that all but one city (Sacramento) in California had such a dedicated facility! We also learned that a significant number of elder abuse cases existed where such a shelter was needed. However, currently victims are either placed in a cheap hotel room, temporarily shuttled off to a friend or relative or encouraged to “tough it out” at home. These cases rarely self-correct and often end up with the victim taking to the streets and becoming homeless or suffering further abuse sometimes leading to premature death. These are not rational solutions. Our plan is to provide a victim with a safe-haven and social services up to 90 days in collaboration with local prosecutors to find a solution and, if appropriate, with an RJ option. Despite consensus on the need for such a program and support for our objectives, we have not yet been successful in our search for resources. We are passionate about our cause and dedicated to our mission. We believe that all elders deserve to live out their golden years with self-reliance and dignity. I am sure that with this model EASI and other like-minded programs could fill this glaring gap in elder abuse services. Please visit our website: www.easi-fresno.org.

About the author

John Dussich

John Dussich was Criminology Professor Emeritus at California State University, Fresno and the creator/founder of the National Organization for Victim Assistance (NOVA), which he launched in Fresno in 1976 serving as Executive Director for four years. He also served as founding Secretary General and President of the World Society of Victimology (WSV).  He served in the US Army for 29 years in the Military Police Corps, retiring as full Colonel, and taught for 20 years in Japan where he was also creator/director of the Tokiwa International Victimology Institute (TIVI) and editor-in-chief of its journal, International Perspectives in Victimology. He created the Mito Victim Support Center in Japan (now called the Ibaraki Victim Support Center). 

As a crisis responder, John has logged hundreds of volunteer hours in disasters around the world. He has published 16 books, 106 articles and made 203 presentations, the bulk of which have been on victim support and victimology. His most recent international work was as chair of the WSV’s United Nations Liaison Committee for victims’ rights. On April 12th, 2016, he received the Ronald Reagan Public Policy Award from the US Attorney General.