Working with female offenders in restorative justice frameworks
| Author | Isla Masson,Linnéa Österman |
| Published date | 01 December 2017 |
| Date | 01 December 2017 |
| DOI | http://doi.org/10.1177/0264550517728784 |
| Subject Matter | Articles |
Article
Working with female
offenders in
restorative justice
frameworks: Effective
and ethical practice
Isla Masson
Coventry University, UK
Linne
´aO
¨sterman
University of Greenwich, UK
Abstract
Despite a recent increase in restorative justice practice in the criminal justice system, to
date there has been no in-depth consideration of the impact of gender in these settings.
This paper presents findings from a unique qualitative study on female offenders’
experiences of restorative conferencing in England and Wales, drawing on interviews
with practitioners who have worked with female cases, as well as with women who
have gone through a restorative justice conference in a perpetrator capacity. Gender-
specific factors, suggested to be especially valuable for practitioners to consider when
delivering effective and ethical restorative conferences with female offenders, are
outlined.
Keywords
restorative justice, effective practice, ethical practice, women, practitioner
Corresponding Author:
Isla Masson, University of Leicester, 154 Upper New Walk, Leicester, LE1 7QA, UK.
Email: imm17@le.ac.uk
The Journal of Community and Criminal Justice
Probation Journal
2017, Vol. 64(4) 354–371
ªThe Author(s) 2017
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DOI: 10.1177/0264550517728784
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Introduction
A growing evidence base shows that women enter the criminal justice system with
different backgrounds and needs than men (Corston, 2007; Elis, 2005; Hudson,
2002; Rumgay, 2004).
1
The challenges attached to these circumstances are often
wide ranging. For example, research demonstrates that mental health problems and
drug and alcohol misuse have significantly stronger links to female than male
offending (Baird, 2003; Belknap and Holsinger, 2006; Malloch, 2003), and
women who offend also report lower levels of self-esteem compared to male
offenders (Dehart, 2008). Furthermore, women who offend are more commonly
dealing with a range of problems, including living with the consequences of trauma
and abuse (Covington, 2012), managing gendered aspects of childcare (Corston,
2007; Gelsthorpe et al., 2007), as well as being at a higher risk of self-harm and
suicide (Light et al., 2012). Attention to gender-specific circumstances has become
increasingly recognized in national legislation, such as the 2010 Equality Act and
the 2014 Offender Rehabilitation Act, making it a statutory requirement to consider
gender and eliminate discrimination on the grounds of sex.
Parallel to the developments around gender, there has been increasing political
and academic interest in the use of restorative justice, partly due to high levels of
victim satisfaction (Shapland et al., 2007; Strang et al., 2013) and offender
desistance (Marder, 2013; Strang et al., 2013; Strang, 2015; Rodriguez, 2005).
However, most of this literature is gender blind (Alder, 2000; Cook, 2006; Elis,
2005), or predominantly focuses on male samples.
2
It is known that so-called
‘neutral processes’, which are based on a male normative standard, often dis-
advantage women in the criminal justice system (Corston, 2007). In recognition of
differences in female and male pathways to crime, experts in the field have called
for gender-aware restorative justice practice (Alder, 2000; Elis, 2005; Verrecchia,
2009). Although exactly what a gender-aware
3
practice should look like within the
restorative justice field remains unclear, a core starting point must include a focus on
women’s needs and circumstances (Alder, 2000; Worrall and Gelsthorpe, 2009).
Restorative justice interventions take many forms in England and Wales, for
example, face-to-face conferences, community conferencing, referral order panels
and mediation. Although it often occurs within the criminal justice system, ranging
from pre-sentencing to post-conviction, it also sometimes sits outside of the criminal
justice system.
4
Currently in this country, restorative justice is more commonly used
for young offenders (CPS, 2017), with positive outcomes reported (Ministry of
Justice, 2012), yet there are also examples of good practice with adults (Masson,
forthcoming). However, there is evidence that restorative justice conferences are
sometimes affected by poor practice (Daly, 2008). This is not only detrimental to
participants but also to the field as a whole. As such, Daly (2008: 134) has argued
that ‘the ethical practice of restorative justice [ ...] may require a good deal more
preparation and groundwork than what many have assumed.’ Effective and ethical
restorative justice work with either gender involves multiple components, including
allowing individuals to understand the harms they have caused and enabling par-
ticipants to move on with their lives (Restorative Justice Council, 2016). However,
Masson and O
¨sterman 355
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