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In the movie, the conventional retributive system of justice is used to deal with the case of sexual assault. According to this system, the offenders receive punishment for their illegal actions. In The Accused, the chosen type of punishment was imprisonment (Kaplan, 1988). However, there are opinions that retributive system is not the most effective one when dealing with illegal activity of some people. In her article, Batchelo (2015) describes the premises of another type of justice – the restorative one. This approach is comparatively new, and it has not gained much support from the government yet. However, there are many cases in which restorative justice might be considered as a better way out of a situation that retributive one.
Batchelo (2015) remarks that victims’ reaction to an offer to involve in a restorative negotiation depends on several factors. The first of such issues is the level of seriousness of the crime. The second important factor is the time period within which the dialogue between the offender and the victim has been initiated (Batchelo, 2015). As a result of her research, the author concludes that there are significant differences in reaction to negotiation as of those who have suffered from low-seriousness offenses and those who have become victims of medium-seriousness offenses. The individuals who have experienced slight offense are more likely to give the offender a chance for reparation (Batchelo, 2015). In their turn, the victims of medium level of offense are less willing to negotiate and give offenders a chance for reparation (Batchelo, 2015). In both cases, the intervening time plays a crucial role. However, Batchelo (2015) notes that the victims of the most severe offenses are not willing to accept reparation.
In the movie, the crime was rather serious since it was a gang rape (Kaplan, 1988). The offenders asked for a bargain, and the sentence was changed to “reckless endangerment” (Kaplan, 1988). However, the victim was enraged by such a situation, and her lawyer decided to bring to justice not only the rapists but also the ones who cheered and thus supported the act of rape (Kaplan, 1988). The offenders’ defense emphasized the fact that the victim’s behavior might have encouraged the men to rape her. However, the young woman rejected such accusations. Taking into consideration the seriousness of the crimes, it seems not relevant to apply the restorative system in this case. This assumption corresponds to the evidence provided in Batchelo’s (2015) article. The victims of serious crimes do not tend to negotiate with their offenders. The restorative system of justice would not be appropriate to resolve the conflict in the movie because it presupposes that both sides of the conflict will cooperate in the future. Victims of rape or assault are not likely to agree to forgive their offenders, which was also the case in The Accused.
Every case of offense is different, and every situation has its circumstances. What is possible in one case may never be applied in another one. The supporters of restorative justice may have some good points in emphasizing the need to forgive and give a chance to improve. However, serious crimes such as rapes cannot be forgiven, and those who commit them should be punished accordingly. Therefore, it seems impossible to apply the restorative justice system in the movie The Accused.
References
Batchelo, D. (2015). Restoring choice: The relationship between offense seriousness, intervening time, and victims’ responses to the officer of restorative justice. Victims & Offenders, 12(2), 205-232.
Kaplan, J. (Director). (1988). The Accused. Web.
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