Encountering the Other – Victim Offender Dialogue in Serious Crime

Abstract:

This study examines the Canadian Victim Offender Mediation Program (VOMP) to determine the answers to the primary research question:

What are the major impacts and outcomes of facilitating dialogue encounters between victims and offenders in crimes involving severe violence?

Utilizing a qualitative, multiple case study methodology involving a sample of 25 cases involving the most serious crimes in the criminal code (ranging from aggravated assault to serial rape and multiple murder) in which victims and offenders met one another face-to- face demonstrated positive outcomes for both victims and offenders.

Of the victims (N=34) 33/34 (97%) felt disempowered by their engagement with the criminal justice system prior to their VOMP participation. Following VOMP participation victims reported that the program had “empowered” and “enabled” them and had provided them opportunity to accomplish objectives, obtain information formerly withheld, “finally to have a voice, to say my piece” and to “impact offenders’ thinking”. Prior to VOMP 32/34 victims had either been diagnosed with PTSD (21/32 or 65.6%) or were highly symptomatic (11/32 or 34.3%). Following their VOMP process all 32 victims – including those most highly traumatized – reported considerable “healing” and recovery, confirmed by marked reduction in their PTSD symptoms. Further, 11/24 adult victims credited VOMP with assisting them to transform their experience of victimization and to find ‘new vocation’ which enabled them to serve others in profound and remarkable ways.

Findings for the offenders (N =28) were similarly positive. Where known, the trauma history of 13/28 offenders indicated they had been sexually or physically abused as children. Following VOMP 24/28 reported their experience as having been profound and powerful, enabling them to come to peace with much in their own traumatic histories and precipitating significant healing for them. Prior to VOMP, offenders demonstrated varying degrees of victim empathy but, following their face-to-face meetings 26/28 offenders reported and demonstrated an increase in empathy. Two of the 28 offenders serving ‘life’ sentences are currently still incarcerated. Three of the 26 who have been released reoffended and were returned to prison. A total of 23/26 are desisting (88.46%). Apology and forgiveness played a role in the majority of cases with 23/25 offenders offering an apology to their victim(s). In 22/25 cases offenders also offered amends that had value and importance for victims and in 22/25 cases forgiveness was offered by victims and received by offenders.

A number of unanticipated outcomes were revealed: seven offenders took responsibility for crimes for which they had never been charged or were acquitted at trial. One such case involved an offender serving a life sentence for one murder who confessed to a formerly unsolved cold case murder. Another unanticipated outcome was the ‘ripple effect’ that saw approximately 1650 individuals positively impacted ‘downstream’ by the outcomes for the program participants. The significance of this study is that it advances research about the use of restorative justice in serious crime in that it addresses some of the most controversial issues regarding the use of restorative justice in crimes of severe violence, including: domestic violence, sexual assault, and situations of disproportionate power involving adult offenders and child victims. Finally, recommendations are made regarding how the findings of this study might impact policy and practice, and suggestions are provided regarding future research projects.

Acknowledgment to the Members of the Examination Committee:

• Prof. dr. Ivo Aertsen, Promotor (KU Leuven)
• Prof. dr. Johan Goethals (KU Leuven)
• Prof. dr. Stephan Parmentier (KU Leuven)
• Prof. dr. Roger Burggraeve (KU Leuven)
• Prof. dr. Antony Pemberton (Tilburg University)

Heartfelt thanks for investing time and effort in assisting me to accomplish what is, for me, a major milestone. Thank you for suggestions for revision which have improved the document. If I have a wish in that regard, it would be to have had time and opportunity earlier to read more of the work each of you have published in the area of your own expertise. To the extent that I have done this, I leave with new knowledge that will, I sincerely hope, pay dividends in improvements to the model and our delivery of it as I head back into full time work in the prisons back home as a practitioner.

Acknowledgment of the many who have ‘paddled together’ with me: The dedication in my dissertation expresses gratitude to the friends, colleagues, advisors on both sides of the Atlantic who have made it possible for me to obtain this milestone. I repeat it here as thanks to each of you for your support.

To all the wonderful teachers who have travelled the roads with me in search of healing justice: trauma survivors, prisoners and ex-prisoners, colleagues and friends, critics and fans, profound thanks. It is a wealthy man who, at this season of his life, says, I’m rich in all the things that truly matter. Relationships – and therefore all of you – have made it so.

David L. Gustafson
Dissertation presented in partial fulfillment of the requirements for the degree of Doctor of Criminological Sciences.

Promotor: Prof. dr. Ivo Aertsen
Dated: September 19, 2018

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