‘I’m harmed and I don’t think the person who did it knows’: we looked at different responses to uni sexual assault

0 October 7, 2026 02:30

Restorative justice is an alternative pathway that focuses on repairing harm, rather than on criminal penalties.

Klaus Vedfelt/Getty ImagesThe Cornell 7 case has brought renewed scrutiny to how universities respond to sexual assault. In Australia, National survey results suggest about one in six students have experienced sexual harassment since starting university, while one in 20 have experienced sexual assault.

But we know the overwhelming majority of students who experience sexual harm never go through the formal university reporting system or access supports.

Only about 5.6% of students who were sexually assaulted made a formal report to their institution. At the same time, less than a third of those who did were satisfied with how their case was handled.

Our new research suggests students may be open to alternative pathways, such as restorative justice, but they can sometimes be hard to access.

What is restorative justice?

Restorative justice is a victim-led process that focuses on accountability and repairing harm, rather than on criminal penalties.

It can occur in many different ways. But it often involves bringing the person who was harmed and the person who has acknowledged causing harm (and any support people) together to talk in a structured, facilitated way. It’s carried out by professionals trained in trauma-informed practice and restorative justice.

Restorative justice does not require a formal complaint to begin. And it’s not a substitute process for determining a contested allegation. Participation for all parties is voluntary. There must be sufficient acknowledgement by the person who caused harm of their conduct for it to be appropriate.

Restorative justice can also be used by those who have been impacted by sexual harm but are not direct victim-survivors, such as friendship groups or residential communities such as uni colleges.

Growing support

There is evidence restorative justice can be delivered safely and support victim-survivors. The European Forum for Restorative Justice highlights that facilitation involves a complex set of skills, and when these processes are not carried out properly, there is a risk of re-victimisation of the victim-survivor.

There has been growing support for restorative justice approaches in the legal community. In 2025, the Australian Law Reform Commission recommended governments make restorative justice for sexual violence widely available, including for people who have not gone to the police.

Our research

Our peer-reviewed research, published by the Australian Institute of Criminology last month, looked into the needs of people who have experienced sexual harm.

As part of this research, we interviewed 11 professionals working in student support in universities in the Australian Capital Territory (ACT).

What we found

Participants told us some students they supported wanted to hold their perpetrator accountable without having to go through police and courts, or through a formal disciplinary process at their uni.

These participants told us students often wanted the perpetrator to acknowledge the harm caused. This could involve an opportunity for the person responsible to understand the impact of their actions and especially to learn about consent. It sometimes involved an apology, but certainly not always.

One interviewee described a pattern they encountered regularly:

I had this constant stream of people going, ‘I’m harmed and I don’t think the person who did it knows.’

This same person also said students might choose restorative pathways over formal ones due to victim-survivors having more control in how their case is handled:

when you think about sexual violence or interpersonal violence, it’s one person taking power and control of another and doing something to them. And then we replicate that when we do criminal justice processes because actually they are no longer a party to the crime, they become a witness.

Of course, some students do want an official investigation, disciplinary action or to make a police report. And they should be able to choose the pathway they want. Restorative justice is one additional pathway.

A positive long-term impact

It’s important to note restorative justice is not for everyone and will not be appropriate in every case. But when carried out with skilled facilitation, it can have a positive long-term impact for victim-survivors. As one uni practitioner we interviewed noted:

The four [people] that really stick in my head all finished their study. All participated in campus in a way that they wanted to […] their life trajectory didn’t get diverted. They were still able to be supported to stay on their path.

This is consistent with the small body of research in this area. The Australian Institute of Criminology’s evaluation of the ACT scheme found participants gained a sense of being heard and of regaining control over their lives that conventional processes had not delivered.

Access is limited

Restorative justice is already happening in some universities, but this is due to individual practitioners facilitating sessions, not institutional policy.

Our research suggests access to restorative justice was limited for university students. It often rested on an individual practitioner’s expertise and willingness to facilitate.

Gaps remain

Since January this year, every public university in Australia is legally required to respond to gender-based violence under a new federal government code. Under the code, unis face regulatory action, such as financial penalties, if they fail to comply.

The code requires unis to provide person-centred support when a student makes a disclosure. This means focusing on the needs of the individual rather than the institution. The accompanying regulatory guidance advises this should include clear response pathways with options for informal or alternative resolution, including restorative justice. This is alongside formal disciplinary responses. If a student makes a formal report, standard investigatory processes apply.

However, recognition of an alternative pathway for students who make a disclosure is not the same as resourcing universities to offer this kind of response safely and well. Our research suggests this is where an important gap remains.

What now?

The university professionals we interviewed repeatedly said institutions usually hesitate to facilitate restorative justice processes. This is due to fear of legal and professional exposure. This includes uncertainty about reporting obligations to the state and an aversion to being seen to deal with a sexual violence matter informally.

This suggests a risk-averse institution may still gravitate towards the formal investigatory pathway it regards as easiest to defend. It may do this instead of developing the resources and skills needed to offer other restorative responses for those who want them.

To make these responses more accessible to students, unis need facilitators trained in restorative justice who sit outside the complaints team. This means a student asking for help would not automatically trigger an investigation.

Unis also need a clearer institutional authority, more explicit legal guidance on reporting and confidentiality, and a willingness to bring in outside expertise where their own is thin.

The National Sexual Assault, Family and Domestic Violence Counselling Line – 1800 RESPECT (1800 737 732) – is available 24 hours a day, seven days a week for any Australian who has experienced, or is at risk of, family and domestic violence and/or sexual assault.
Meredith Rossner received funding from The Australian Institute of Criminology and the ACT, Queensland, and NSW Governments. She is co-director of the Australian National University (ANU) Centre for Restorative Justice, and a member of the Canberra Restorative Community and the Oceanian Network of Restorative Justice and Sexual Harm. Janet Hope received funding from The Australian Institute of Criminology. She is an ACT Civil and Administrative Tribunal member, and a member of Canberra Restorative Community and Australian Association for Restorative Justice. Lorana Bartels has received funding from the Australian Research Council and ACT, Commonwealth, Queensland, Tasmanian and Victorian governments. She is a non-executive director of ConFit Pathways and the Justice Reform Initiative. She is a member of the ANU Centre for Restorative Justice, Canberra Restorative Community, and Australian Association for Restorative Justice.Miranda Forsyth receives funding from the Australian Research Council and The Australian Institute of Criminology. She is co-director of the Australian National University (ANU) Centre for Restorative Justice, and a member of the Canberra Restorative Community, and the Oceanian Network of Restorative Justice and Sexual Harm and the Director of the International Network Against Witchcraft Accusations and Ritual Attacks.Sally Eales is a member of the Canberra Restorative Community, and the Oceanian Network of Restorative Justice and Sexual Harm.

Tags: Academic Journalism, The Conversation, The Conversation Academic News