Sexual Violence, Intangible Harm, and the Promise of Transformative Remedies

49 Pages Posted: 7 Oct 2022 Last revised: 11 Oct 2022

See all articles by Jill C. Engle

Jill C. Engle

The Pennsylvania State University (University Park) – Penn State Law

Date Written: October 5, 2022

Abstract

This Article describes alternative remedies that survivors of sexual violence can access inside and outside the legal system. It describes the leading restorative justice approaches and recommends one of the newest and most innovative of those—“transformative justice”—to heal the intangible harms of sexual violence. The Article also discusses the intersectional effects of sexual violence on women of color and their communities. It explains the importance of transformative justice’s intersectional approach to redress sexual violence. Transformative justice offers community-based, victim-centric methods that cultivate deep, lasting healing for sexual violence survivors and their communities, with genuine accountability for those who have caused harm. Although transformative justice has developed outside the legal system, its principles and methods are targeted toward the unique, often intangible harms experienced by sexual violence survivors. Therefore, transformative justice remedies should be available alongside and inside the legal system so survivors, their impacted communities, and those who cause harm can benefit from them.

Keywords: sexual violence, sexual assault, restorative justice, transformative justice, harm, remedies, intersectionality

Suggested Citation

Engle, Jill C., Sexual Violence, Intangible Harm, and the Promise of Transformative Remedies (October 5, 2022). Washington and Lee Law Review, Vol. 79, No. 1045, 2022, Penn State Law Research Paper No. 16-2022, Available at SSRN: https://ssrn.com/abstract=4239174

Jill C. Engle (Contact Author)

The Pennsylvania State University (University Park) – Penn State Law ( email )

Lewis Katz Building
University Park, PA 16802
United States

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