If you or someone you know has experienced sexual violence, RAINN’s National Sexual Assault Hotline offers free, confidential support 24/7 at 800-656-4673.
The recent lawsuit filed by a former Cornell University student alleging she was gang-raped by members of the Chi Phi fraternity has shocked the nation and sparked public skepticism about the criminal justice system.
At the heart of the public outrage are questions surrounding the campus police investigation and the local district attorney’s decision not to file criminal charges.
In a nutshell, the public is fixated on one narrow path to justice for Jane Doe: prosecution of her alleged assailants. This singular focus has historically failed to increase public safety or produce real justice for crime victims. By devoting its attention exclusively to locating, arresting and prosecuting those who commit crimes, the nation leaves victims alone in their efforts to navigate trauma, instability and loss.
This is exactly why it’s past time for this country to move toward a new approach to criminal justice. A framework that is “victim-centered.” One that expands the concept of justice by prioritizing a victim’s full recovery just as much as holding offenders accountable.
This framework is the driving philosophy behind Parallel Justice.
Pioneered by Susan Herman, one of the country’s leading voices in victim advocacy, Parallel Justice is rooted in the belief that society has an obligation to provide justice to victims.
That obligation calls for individuals, communities and government officials to respond to crime not only by prosecuting offenders but also by ensuring victims receive the help they need to heal, feel safe and rebuild their lives. The latter part is currently, and most alarmingly, missing from the national dialogue surrounding Cornell University.
Research shows that crime can have long-term negative effects on physical and mental health. These hardships can lead to a loss of confidence, feelings of isolation, confusion and persistent psychological distress. These impacts can extend beyond victims to negatively affect families, communities and even the entire nation. The emotional, physical and financial consequences can lead to drug addiction, deteriorating mental health, job loss and repeat victimization.
For example, Jane Doe was a thriving 20-year-old undergraduate at Cornell University when she arrived at a fraternity house to meet a friend. A short time later, after allegedly being drugged with ketamine, she says multiple men gang-raped her. Despite making numerous reports to school officials, Doe’s lawsuit says she received little to no meaningful psychological or medical assistance or social support. She eventually dropped out of school.
According to her lawsuit, the alleged assault caused Doe severe emotional and psychological distress, humiliation, fear, dissociation, anger, depression, anxiety, physical pain and mental anguish. Fear of retaliation for reporting the alleged assault has also caused many sleepless nights, according to a sworn affidavit.
“What I experienced from those who raped me in the fraternity was the worst experience of my life,” Doe said in a statement to CNN. “I was brutalized and it injured me physically but perhaps more importantly, emotionally.”
If Jane Doe had the benefit of the Parallel Justice framework, her path toward justice would have looked starkly different, regardless of the investigations conducted by campus police and the local district attorney’s office.
Helping Jane Doe overcome the harm caused by the alleged sexual assault is an entirely separate commitment within the philosophy of Parallel Justice. It’s a commitment that would have helped Jane Doe stay safe while she rebuilt her life.
Parallel Justice starts from the premise that justice, our response to victims, must begin the moment harm occurs, not when an arrest is made.
It proposes a coordinated response that brings together government agencies, community organizations and social service providers. Collectively, these groups address the full range of a victim’s needs. These needs range from safety planning and housing to trauma therapy and long-term recovery support. Herman calls this process “a comprehensive continuum of care.”
It’s important to distinguish Herman’s model from traditional restorative justice programs. While both seek to address victims’ needs, many restorative justice efforts depend on an offender being willing to participate. The justice victims receive through restorative justice programs is also often limited to what the offender can provide. That leaves victims’ needs unmet, especially in cases like Jane Doe’s, where no criminal charges are filed.
Parallel Justice is independent of prosecution. Its principles apply regardless of whether an arrest is made, and it does not depend on an offender’s cooperation.
Growing up in a crime-ridden, predominantly Black neighborhood, I saw the tragic impact of crime firsthand. I watched mothers become addicted to crack cocaine to escape brutal domestic abuse. I saw numerous people respond to violence with violence after becoming victims themselves.
I am currently serving a 75-year sentence for murder. I tragically shot another man just a few years after someone had shot me. Almost every person I have encountered in prison over the past three decades has an untold story of prolonged, untreated trauma stemming from being a victim of crime.
As the old saying goes, “Hurt people hurt people.”
Jane Doe’s pursuit of justice is the latest illustration of the American justice system’s long-standing failure.
We spend billions of dollars in this country responding to crime, yet victims are still subjected to sleepless nights like those Jane Doe described. It’s time to reinvest those funds into a system like Parallel Justice that does not ignore crime victims but places their needs front and center.
This shift in priorities is not merely a call for compassion for Jane Doe. It’s a strategy for real public safety and justice for all.
