Restorative justice is an option to harsh punishment and existing prison sentences. It’s possible and even desirable. When addressing cases of sexual assault, the society should engage in restorative rather than criminal justice. Instead of helping criminals and victims, imprisonment and harsh sentence can cause trauma. It has been a key part of raising awareness regarding sexual harassment at work and throughout society. They have encouraged more people, especially members of the minorities, to report any sexual assaults. Implementing and pushing for harsh sentences are not the solution. It promotes high prison rates, especially among minorities, and encourages recidivism. Evidence and victims’ testimony show that the maximum sentence is not effective in helping a person recover. Restorative justice would instead make the wrongdoer sorry and responsible for his or her acts (Bazelon & Gruber, 2020). According to the article, #MeToo is not a crime that should be punished. Instead it should consider other forms of criminal justice which can benefit both victim and offender.
California’s mandate for mandatory state imprisonment terms for sexual assaults under the sex offenders is a deterrent strategy but does not address their root causes.
California legislators have adopted mandatory punishment to address the declining number of sexual assault accusations. When the maximum penalty is applied, the majority of people will not be tempted to commit the crime. Baudrillard’s Social Learning Theory suggests that criminal activities are disatisfable if there is maximum punishment. Brock Turner’s mandate jail had the purpose to foster constructive behavior, encouraging people to practice self-control and to avoid bad habits that could harm their health.
The California Legislature’s solution isn’t perfect. It ignores or doesn’t address sociocultural factors that can contribute to this issue, and it does not consider the welfare of the victim. Rehabilitating and incarcerating offenders includes many aspects. These include biological adaptability and freedom from choice as well as emotions and feelings. Many sexual assault victims are also victims. Imposing the maximum sentence to them makes them more likely to reoffend. They may become a hardened criminal and seek revenge upon being released. Mandatory sentences, on the other hand, do not support or restore victims’ rehabilitation. Harsh punishment does not induce regret in the offender; rather, it causes the victim to continuously relive the traumatic event (Bazelon & Gruber, 2020). This action is in line with feminist philosophy, feminist criminology and feminist feminist theory that men are responsible for society’s ills. A state alternative should promote the rehabilitation of criminals as well as the healing of victims.
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