Friday October 19, 2001

A partnership between the Pima County Attorney's office and the UA College of Public Health is bringing a human element to the criminal justice system. RESTORE - Responsibility and Equity for Sexual Transgressions Offering a Restorative Experience - gives some offenders the chance to escape from the harsh penalties that come with a sexual offense conviction, while offering victims a chance to address their situations directly with the offenders.

This in no way should suggest that the Pima County Attorney's office, the University of Arizona College of Public Health or the Arizona Daily Wildcat is soft on sexual offenses. However, in some situations, the current system is too severe on first-time offenders who can return as healthy members to society. As UA professor May Koss put it, "We give the offender a plan so that he can avoid life-long registration. It's not a consequence; registration is a life-sentence."

RESTORE is a pre-conviction diversion program. One of its aims is to offer an option to suspects that would otherwise be convicted as a sex offender - either a felony or a class six misdemeanor - and give them a chance to address their situations without their offenses following them the rest of their lives. This program isn't for everyone. In fact the eligibility for the program is strict, aimed only at those who are found likely to not repeat the crime.

Those eligible are first-time offenders of date and acquaintance rape where force was minimal. This includes alcohol-related incidents, but excludes drug-related incidents. Parties involved in underage sex, obscene phone calls and non-penetration sexual offenses, such as voyeurism and indecent exposure, are also eligible. Both parties must agree to participate in the program. A conference is then planned for the victim and offender.

It is important to note who the RESTORE program will not accept. According to Dr. Koss, "second-time offenders do not belong in our program," and for good reason. This program is based on the faith that program participants realize they broke the law and will not repeat their crimes. Those who do repeat their crimes will be prosecuted through the normal channels of the justice system.

RESTORE is focused on the diversion of the offender. The program supplies a supportive environment for victims to redress actions committed by the offender. Both offender and victim have the opportunity to bring third parties for support during the conference, and the conference is non-confrontational and aims at reparations for the victim and rehabilitation for the offender. It is not a trial; lawyers do not participate, and offenders are not punished.

RESTORE not only offers offenders a chance to diminish the consequences of their crimes, but it offers victims a chance to reduce fear from their lives and improve and accelerate recovery. An apology from the offender is encouraged but not demanded.

Sexual crimes are sensitive and complex problems. Date and acquaintance rape are especially common on college campuses. And this community is still reeling from the haunting attack of a UA student Oct. 3. But the terror and anger involved in these cases cannot overpower the responsibility of the justice system to treat both victims and offenders fairly - the RESTORE program does just that. Hope exists for reparations and rehabilitation; we hope we can stop these crimes, and we hope we can restore our community to an atmosphere of justice and security.