Intra-Familial Child Sexual Abuse and Restorative Justice

Child sexual abuse is a multifaceted phenomenon involving the inappropriate sexual exploitation of a child by an adult or older adolescent (Finkelhor and Shattuck, 2012). This abuse surrounds an extensive range of behaviours, including but not limited to sexual touching, fondling, penetration, and non-contact acts such as exposure to pornography or sexualised conversations (Crosson-Tower, 2020). The crucial elements of child sexual abuse include the age and vulnerability of the child, the power differential between the perpetrator and the child, and the violation of the child’s rights to safety, autonomy, and bodily integrity (World Health Organization. Violence and Injury Prevention Team & Global Forum for Health Research, 1999).

Intra-familial child sexual abuse is a deplorable occurrence that is distinguished by the sexual exploitation of a child by a family member or someone in a position of trust within the family unit. Again, this form of abuse epitomises a breach of the child’s fundamental rights to safety, security, and well-being. Comprehending the dynamics and impact of intra-familial child sexual abuse is pivotal in order to develop effective prevention and intervention strategies to address this pervasive concern.

This form of abuse epitomises a breach of the child’s fundamental rights to safety, security, and well-being.

The prevalence of intra-familial child sexual abuse is quite strenuous to ascertain attributable to under-reporting and the clandestine nature of that kind of crimes. Hence, research puts forward that a remarkable proportion of child sexual abuse occurs within the family context. A meta-analysis by Stoltenborgh et al. (2011) established that approximately 18% of girls and 7.6% of boys worldwide encounter sexual abuse before the age of 18. Furthermore, intra-familial sexual abuse is quite often characterised by chronicity and severity, with victims experiencing prolonged periods of abuse and undergoing multiple forms of victimisation (Maniglio, 2010).

Intra-familial child sexual abuse takes place within the family system, where the perpetrator may exploit their position of trust and authority to perpetrate abuse. Various factors such as family dysfunction, parental substance abuse, and intergenerational patterns of abuse can have a great contribution to the occurrence of intra-familial abuse (Pereda et al., 2009). Moreover, perpetrators of intra-familial abuse often make use of grooming tactics which aim to manipulate and control their victims, thereby maintaining secrecy and perpetuating the abuse (Crosson-Tower, 2020).

Intra-familial sexual abuse is quite often characterised by chronicity and severity, with victims experiencing prolonged periods of abuse and undergoing multiple forms of victimisation.

The consequences of intra-familial child sexual abuse on victims are profound and multifaceted, encompassing physical, emotional, and psychological consequences. Victims may experience immediate physical harm, such as genital injuries or sexually transmitted infections, as a result of the abuse (Finkelhor et al., 2009b). However, the lasting effects of intra-familial abuse expand far beyond the physical realm, with victims facing heightened risks of mental health disorders, including depression, anxiety, and post-traumatic stress disorder (PTSD) (Putnam, 2003).

Additionally, intra-familial child sexual abuse can impair victims’ interpersonal relationships, self-esteem, and sense of identity. Victims may grapple with feelings of shame, guilt, and self-blame, which can be a hindrance to their ability to confess the abuse and seek help (Spataro et al., 2004). Also, the betrayal of trust that is inherent in cases of intra-familial sexual abuse can destroy victims’ capability to form healthy attachments and trust others in future relationships (Whiffen and Macintosh, 2005).

Victims may grapple with feelings of shame, guilt, and self-blame, which can be a hindrance to their ability to confess the abuse and seek help.

The disclosure of intra-familial child sexual abuse can have intense implications for family dynamics, which may lead to disruption, conflict, and disintegration within the family unit. Family members may experience an extensive variety of emotional reactions, including shock, disbelief, anger, and guilt, as they fight with the reality of the abuse (Broman-Fulks et al., 2009). As a general rule, trust within the family gets shattered, and relationships get notably strained as family members find it difficult to come to terms with the betrayal of trust by the perpetrator.

Moreover, intra-familial child sexual abuse may preserve cycles of abuse and dysfunction within the family system, as unresolved trauma and unaddressed issues continue to reoccur across generations (Kendall-Tackett et al., 1993). The siblings of a victim may undergo secondary victimization or grapple with feelings of guilt and accountability for not safeguarding their sibling. Following the disclosure of sexual abuse, siblings might display internalizing symptoms, such as experiencing anxiety, sadness, or depression (Schreier et al., 2017). Moreover, research has shown that, non-offending parents may also experience negative feelings such as shame, self-blame, and inadequacy. The revelation of child sexual abuse can be distressing for non-offending parents, particularly mothers, as research indicates it can lead to increased levels of psychological distress, depression, and post-traumatic stress disorder. Such outcomes would further complicate the family’s ability to cope with the aftermath of the abuse that has taken place in the family environment (Cyr et al., 2016).

There is no doubt about the fact that intra-familial sexual abuse presents distinct challenges within the justice system (Barnes et al., 2009) as victims of intra-familial abuse often encounter various difficulties in seeking justice.

Intra-familial child sexual abuse may preserve cycles of abuse and dysfunction within the family system, as unresolved trauma and unaddressed issues continue to reoccur across generations.

Tackling child sexual abuse in general introduces a demanding challenge within the justice system, where the best interests of the child must be of prime importance. By focusing on the best interests of the child in the justice process, authorities can uphold their duty to protect and advocate for the rights of the most vulnerable members of society.

In addition to criminal proceedings, restorative justice should be an option for such cases. Restorative justice is a method of criminal justice that focuses on repairing the harm caused by a crime. It is based on the idea that crime is not just a violation of the law, but also a violation of relationships and social norms. Restorative justice seeks to address the needs of both the victim and the offender, and to help them heal and rebuild their lives (Walgrave, 2008). While several victims may not wish to participate, and certain offenders may never admit wrongdoing, restorative justice can significantly impact those situations where it is possible and can be implemented safely. It aids victims in overcoming the crime and moving forward. Survivors, confronting their abusers in person, may seek closure, reclaim agency, and progress in their life. Research on the use of restorative justice for intra-familial sexual offences is notably limited. Implementing restorative justice in sexual assault cases is not intended to eliminate or supplant the traditional criminal justice system. Rather, it serves to complement existing options, offering a broader range of responses that can better address the unique needs and desires of survivors (Klar-Chalamish and Peleg-Koriat, 2021).

By focusing on the best interests of the child in the justice process, authorities can uphold their duty to protect and advocate for the rights of the most vulnerable members of society.

There is growing evidence supporting the benefits of these interventions in the legal system for victims of intra-familial child sexual abuse, as noted by Morris (2002). However, there are concerns raised by some professionals, such as Stubbs (2002), who fear that face-to-face interactions with their perpetrators may be harmful, or even dangerous, for intra-familial child sexual abuse survivors. Many believe that avoiding contact with the abusive parent during the child’s upbringing is the safest approach. However, while this approach (i.e. avoiding contact between the child and the abusive parent) seems to be the safe approach, there is a possibility that the child may not be aware of the abuse suffered by the abusive parent in cases where the abuse did not involve physical harm or in cases where the child is too young to understand and realise the situation. Additionally, complete avoidance of contact may lead to a generalised fear of the absent parent and persistent anxiety regarding their actions and whereabouts (Paige and Thornton, 2015). Additionally, fear of the offender’s inappropriate response is reflected in the concerns expressed by some professionals (e.g., Stubbs, 2002) regarding the use of restorative justice in cases of child sexual abuse.

However, whenever restorative justice is applied, it’s important that the entire process is carried out with the highest quality and is focused to child’s best interest. Both the individual harmed (especially the child) and the perpetrator must receive appropriate support and safeguarding from further harm. Expectations should be effectively managed, and the risk assessment procedure must be thorough and flawless. To achieve this, adequately trained facilitators with the requisite skills and experience to handle these complex situations must be available. Moreover, they must be given the time to do so — as cases of sexual abuse can be prolonged and require extensive preparation of all involved parties. Restorative justice services should be willing to handle such cases and collaborate with organisations that offer assistance to victims of such crimes to establish referral pathways and provide continued support to participants. However, they must also ensure that facilitators handling these cases possess the capability to deliver them to a superior standard. This will instil confidence that survivor of child sexual abuse engaging in restorative justice procedures will have a constructive experience that aids them in moving past the offence.

Both the individual harmed (especially the child) and the perpetrator must receive appropriate support and safeguarding from further harm.

In a study, McGlynn and colleagues (2012) conducted an interview with a survivor who engaged in restorative justice conferencing with a family member who had harmed her during her childhood. The procedure allowed the survivor to express her thoughts and take charge of the situation, leading her to view it as a pivotal moment in her life, prompting her to cease self-blame and shift responsibility onto the perpetrator.

Another study, (Klar-Chalamish and Peleg-Koriat, 2021) builds upon recent investigations into restorative justice within the context of sexual offences, specifically within families. It enhances the existing literature by detailing the participants’ experiences, highlighting the unique aspects of Restorative Justice procedures in cases of incest. Twenty-three adult participants were interviewed, including victims (six women), non-offending family members (two mothers, one sister and one brother), victims’ friends who participated in the process (three women), and restorative justice facilitators (ten women). Victims’ ages at the time of the offence ranged from 6 to 16 years. 

Victims’ ages at the time of the process ranged from 18 to 37 years. All were abused by males (three fathers, two siblings, and one uncle). In all cases, the offences were prolonged rather than one-time events. The age gaps between participants and their perpetrating siblings ranged from 3 to 6 years.

The study further enhances the role of restorative justice as an alternative or complementary approach to legal or therapeutic methods, emphasising the importance of family system restoration and the appropriateness of restorative justice in incest cases. In incest scenarios, restorative justice frameworks are at times utilised alongside family therapy. It is often perceived as an informal process guided by non-legal entities but supported by the legal framework, allowing offenders to publicly admit their responsibility and empowering victims to actively voice their experiences.

The restorative justice process can extend to involve all family members, even those not directly harmed by the abuse, such as step parents and grand-parents. Individuals with developmental disabilities or young family members may have representation during conferencing or express themselves through written communication. In cases of sexual offences, especially within families, the manner in which the process is conducted is crucial. Empowering victims to feel in control of the process and ensuring their voices are heard with respect and attention are of paramount importance.

Empowering victims to feel in control of the process and ensuring their voices are heard with respect and attention are of paramount importance.

The truth is that there are potential complexities of restorative justice in cases of intra-familial sexual violence. When sexual abuse occurs in a family context, it can affect everyone, including extended family members. Finding out about the abuse can trigger intense emotions, like anger, sadness, distrust, and shock. Family members may also feel guilty (Mercer et al., 2015). It is really difficult for families to deal with intra-familial sexual abuse, in a restorative way, because it means working to also help the person who caused harm understand and escape from a position where they deny or downplay how wrong their choices were and truly admit the responsibility they have. It also means helping the victim to feel safe and powerful again and find ways, both as a group and as individuals, to talk about the shame, trauma, and betrayal.

In conclusion, due to the fact that the lasting effects of intra-familial abuse are extremely expanded, and the fact that it is extremely difficult and painful for a child to face his or her abuser relative, restorative justice is only appropriate when the victim is ready and fully understands the purpose of the procedure.

When sexual abuse occurs in a family context, it can affect everyone involved, including extended family members. Finding out about the abuse can trigger intense emotions, like anger, sadness, distrust, and shock.

Aila Kara is a Lawyer, MA Criminologist, Guardianship Mandated Person for Unaccompanied Minors – Greek NGO, based in Athens

She lives in Athens, Greece, where she was born. Her current position as Guardianship Mandated Person for Unaccompanied Minors in Greece involves representing minors in international protection and migration matters. It requires carrying out procedures to determine minors’ legal status, facilitating family reunification, relocation, and judicial procedures. Additionally, the position entails conducting assessments to determine the ‘best interest’ of the minors. She is motivated by the challenges in the field of child protection, and in particular the vulnerable group of unaccompanied minors.

Anastasia Katsimpeli is a Forensic Expert Witness, BSc Forensic Scientist, Msc Forensic Psychologist

She currently lives in Athens, trying to make dreams come true but she was born in Corfu, an island in Greece. She is motivated by the opportunity to learn new things, take on new challenges and help people. Her family has always been next to her through every step of her career and "they are the best part of me".

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