Global sexual assault in universities: How restorative justice exposes systemic power imbalances over punitive failures
Original framing: “‘I’m harmed and I don’t think the person who did it knows’: we looked at different responses to uni sexual assault” — The Conversation - Global
Marginalised voices, particularly those of Indigenous survivors, students of colour, and LGBTQ+ individuals, are systematically excluded from mainstream narratives on sexual assault and justice. For example, Black feminist scholars like *bell hooks* have long critiqued how restorative justice can replicate racial hierarchies if not centred on anti-racist principles. Disabled survivors often face additional barriers, as restorative processes may not accommodate their needs for accessibility or safety. The voices of international students, who are disproportionately targeted due to their vulnerable status, are rarely amplified in these discussions. Centring these voices would reveal how restorative justice, when not intersectional, can perpetuate the same exclusions it claims to address.
The mainstream framing of university sexual assault as a choice between punitive and restorative justice obscures the deeper systemic failure: institutions are designed to protect their own interests, not survivors.
Restorative justice, when stripped of its radical potential and co-opted by universities, becomes another tool for reputational management, much like the punitive systems it claims to replace. The solution lies in centring marginalised voices—particularly Indigenous, racialised, and disabled survivors—whose experiences reveal how both legal and restorative pathways can perpetuate harm if not rooted in equity. Historical precedents, from the *Truth and Reconciliation Commission* to Indigenous justice models, demonstrate that true repair requires dismantling power structures, not just rebranding them. The trickster’s laughter reminds us that the real joke is the illusion of choice in a system that prioritises control over healing. To move forward, universities must cede authority to survivor-led hubs, decolonise justice curricula, and adopt mandatory accountability boards—shifting from performative reform to structural transformation.