We also recognize that for many valid reasons, some people who have experienced sexual abuse or assault do not feel safe, comfortable, or interested in accessing a criminal justice response. Alternatives to the criminal justice system can sound scary in the context of sexual violence, but there is actually a long lineage of BIPOC (Black, Indigenous, and People of Colour) folks practicing alternative systems of accountability and community safety in cases of sexual violence. This type of work is generally understood as part of one or both of the fields of Restorative and Transformative Justice.
According to writer, educator and community organizer Mia Mingus,
Put differently, TJ aims to transform the conditions that enabled the harm, at the same time as facilitating repair for the harm, by cultivating accountability, healing, resilience and safety for all. TJ works from the assumption that ending sexual violence can only be possible if root causes, such misogyny, white supremacy, ableism, heterosexism, cis-sexism, poverty, and trauma are addressed.
The movement has largely been led by women and femmes, and has been created by, and for, communities that experience violence disproportionately, including Indigenous communities, Black communities, racialized communities, immigrant communities, poor and low-income communities, people with disabilities, sex workers, and queer and trans communities.
Since TJ is community-based work, what is looks like in practice is also dependent on the needs of each specific community.
Unlike Transformative Justice, which is just beginning to gain more widespread understanding, Restorative Justice is a method of harm response that already has some mainstream recognition. In fact, Restorative Justice processes are sometimes offered as an alternative to punitive or carceral responses in the criminal justice system. Restorative Justice also has history and applications far beyond the criminal justice system, and can be used to repair harm at the community level.
According to the Alberta Restorative Justice Association,
Like Transformative Justice, Restorative Justice is often led by Indigenous, Black, and racialized communities, and is rooted in powerful practices that can foster accountability, resilience and healing. Here in Alberta, for example, Native Counselling Services of Alberta is a leader in the development of restorative justice models and practices for Indigenous people, by Indigenous people.
The improper exposure of a child to any sexual contact, activity, or behaviour. This includes all sexual touching, the invitation to touch, exhibitionism, exposure to pornography.
Forcing another individual, through violence, threats (physical or emotional), pressure, deception, guilt, to engage in sexual activities against their will.
A voluntary agreement between 2 or more people to engage in sexual activity. Consent must be clear, informed, voluntary, sober, act and person-specific, ongoing, mutual, active, and come directly from the individuals engaging in the sexual contact. It is impossible to get consent from children, though close-in-age and peer-experimentation exceptions exist for youth ages 12-15.
A society or environment in which obtaining consent and respecting boundaries is the norm, for both sexual contact and everyday activities.
The advocacy of women’s rights on the basis of the equality of the sexes.
An intersectional approach to service delivery that acknowledges that the root of sexual violence is power inequality and works to reduce barriers that groups and individuals face when seeking support and volunteer or employment opportunities.
When an intimate photo or video is shared or taken without the voluntary consent (read consent definition above) of the person in the photo or video (Source: savedmonton.com)
Person-first language recognizes that a person is more than any one experience and that labels are sometimes harmful. People who have experienced sexual violence may use terms like victim or survivor to describe themselves, or they may use words like offender or perpetrator to describe the person who harmed them. Terms that resonate for one person may not fit for another person for a variety of reasons, and SACE supports a person’s right to self-determine their identity and experience. This is why at SACE, we default to person-first language such as “person who experienced sexual assault”, or “person who used abusive behavior”, unless speaking with or about an individual who has identified how they would like their experience to be talked about.
A society or environment whose prevailing social attitudes have the effect of normalizing or trivializing sexual assault and abuse.
Sex trafficking is a form of sexual exploitation. Human trafficking for the purposes of sexual exploitation is a crime and Canada has specific legislation in the Criminal Code (S. 279) and in the IRPA (Immigrant and Refugee Protection Action) (S. 117 & 118) to address all types of human trafficking (sexual exploitation, labour exploitation, organ, debt servitude) There are three elements to constitute human trafficking: Action + Means + Purpose.
Sexual abuse is most often used to refer to Child Sexual Abuse. To learn more about this, read the definition above or our section on Child Sexual Abuse.
Any form of sexual contact without voluntary consent, including unwanted: oral contact (kissing); sexual touching; oral-genital contact; and/or vaginal or anal penetration.
Any actual or attempted abuse of a position of vulnerability, differential power, or trust, for sexual purposes, including, but not limited to, profiting monetarily, socially or politically from the sexual exploitation of another.
Any unwanted comment, gesture, or action that is sexual in nature that makes someone feel afraid, embarrassed, uncomfortable or ashamed. The intention of the person doing the action doesn’t matter, it’s the negative impact the action has that makes something sexual harassment.
Sexual violence is an umbrella term that refers to any form of non-consensual sexual behavior, including sexual assault, sexual abuse, sexual harassment, sexual exploitation, sex trafficking, and sexual violence facilitated through technology.
At SACE, we work exclusively with people who have been impacted by sexual violence and their supporters, and do not offer services to people who have used offending behaviours. We recognize, however, that effectively supporting survivors and ending sexual violence will take nothing less than cultural transformation, and we believe in a diversity of strategies for getting there. Restorative and Transformative Justice are valuable frameworks that can teach us a great deal about what a world free of sexual violence could look like.
Here is a non-exhaustive list of resources to learn more.
Book, edited by Ejeris Dixon and Leah Lakshmi Piepzna – Samarasinha
Article by Mia Mingus
Resource hub on Transformative Justice created by Mariame Kaba and designed by Lu Design Studio
Episode 151
Podcast episode featuring Mariame Kaba on moving past punishment
Episode 9
Podcast episode featuring James Favel, the co-founder and executive director of Bear Clan Patrol, and Rachel Herzing, the Executive Director of the Center for Political Education
Podcast episode featuring Leah Lakshmi Piepzna-Samarasinha and Ejeris Dixon
Documentary profiling the tiny Ojibway community of Hollow Water on the shores of Lake Winnipeg as they deal with an epidemic of sexual abuse in their midst
Video resources on building accountable communities with leaders in the Transformative Justice movement
Documentary that explores family violence and Restorative Justice from an Indigenous perspective
Community collective of individuals, based out of Oakland, California that is working to build and support Transformative Justice responses to child sexual abuse.
Survivor initiated intergenerational grassroots collective led by self-identified women of Black/African origins, dedicated to healing from and organizing against sexual, gender-based, intimate partner, and state and institutional violence, as well as incest.
The improper exposure of a child to any sexual contact, activity, or behaviour. This includes all sexual touching, the invitation to touch, exhibitionism, exposure to pornography.
Forcing another individual, through violence, threats (physical or emotional), pressure, deception, guilt, to engage in sexual activities against their will.
A voluntary agreement between 2 or more people to engage in sexual activity. Consent must be clear, informed, voluntary, sober, act and person-specific, ongoing, mutual, active, and come directly from the individuals engaging in the sexual contact. It is impossible to get consent from children, though close-in-age and peer-experimentation exceptions exist for youth ages 12-15.
A society or environment in which obtaining consent and respecting boundaries is the norm, for both sexual contact and everyday activities.
The advocacy of women’s rights on the basis of the equality of the sexes.
An intersectional approach to service delivery that acknowledges that the root of sexual violence is power inequality and works to reduce barriers that groups and individuals face when seeking support and volunteer or employment opportunities.
When an intimate photo or video is shared or taken without the voluntary consent (read consent definition above) of the person in the photo or video (Source: savedmonton.com)
Person-first language recognizes that a person is more than any one experience and that labels are sometimes harmful. People who have experienced sexual violence may use terms like victim or survivor to describe themselves, or they may use words like offender or perpetrator to describe the person who harmed them. Terms that resonate for one person may not fit for another person for a variety of reasons, and SACE supports a person’s right to self-determine their identity and experience. This is why at SACE, we default to person-first language such as “person who experienced sexual assault”, or “person who used abusive behavior”, unless speaking with or about an individual who has identified how they would like their experience to be talked about.
A society or environment whose prevailing social attitudes have the effect of normalizing or trivializing sexual assault and abuse.
Sex trafficking is a form of sexual exploitation. Human trafficking for the purposes of sexual exploitation is a crime and Canada has specific legislation in the Criminal Code (S. 279) and in the IRPA (Immigrant and Refugee Protection Action) (S. 117 & 118) to address all types of human trafficking (sexual exploitation, labour exploitation, organ, debt servitude) There are three elements to constitute human trafficking: Action + Means + Purpose.
Sexual abuse is most often used to refer to Child Sexual Abuse. To learn more about this, read the definition above or our section on Child Sexual Abuse.
Any form of sexual contact without voluntary consent, including unwanted: oral contact (kissing); sexual touching; oral-genital contact; and/or vaginal or anal penetration.
Any actual or attempted abuse of a position of vulnerability, differential power, or trust, for sexual purposes, including, but not limited to, profiting monetarily, socially or politically from the sexual exploitation of another.
Any unwanted comment, gesture, or action that is sexual in nature that makes someone feel afraid, embarrassed, uncomfortable or ashamed. The intention of the person doing the action doesn’t matter, it’s the negative impact the action has that makes something sexual harassment.
Sexual violence is an umbrella term that refers to any form of non-consensual sexual behavior, including sexual assault, sexual abuse, sexual harassment, sexual exploitation, sex trafficking, and sexual violence facilitated through technology.
