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How Do You Compensate Sexual Abuse Survivors?

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Under the age of 18, 1 in 9 girls and 1 in 53 boys will find themselves victims of sexual misconduct at the hands of an adult. In the wake of accusations of sexual impropriety against actor and comedian Chris D’Elia, many are wondering what steps might be necessary in order for underage victims of sexual assault and harassment to heal.

Apology

Chris D’Elia, who played the role of a child molester on both the series “Workaholics” and “You”, allegedly solicited underage girls on social media. The accusations started when Twitter user @girlpowertbh wrote: “i still can’t believe netflix cast chris d’elia as the pedophile in season t[w]o of “you” like the literal IRONY”. In a Twitter thread, @girlpowertbh posted screenshots of her interaction with D’Elia and the desire she had to speak up about what happened to her.

After she went on to describe how D’Elia groomed her through messages when she was just 16, soon after, other girls came forward with similar experiences. D’Elia has denied all allegation, but did say in part “… I really am truly sorry. I was a dumb guy who ABSOLUTELY let myself get caught up in my lifestyle.”

Female celebrities have since spoken out about D’Elia’s alleged behavior, including comedians Whitney Cummings and Amy Schumer. Cummings wrote in a statement published to her Twitter and Instagram accounts, “This is a pattern of predatory behavior. This abuse of power is enabled by silence. Now that I’m aware, I won’t be silent.”

Seemingly in response to those who argued that the legal age of consent in some States is 16, Schumer said, “[T]here are men who humiliate and abuse women and girls because of a power dynamic or because when they were that age girls wouldn’t talk to them. We are watching you and we are all together now and we won’t accept this behavior whether you break the law or not.”

Money

When cases of sexual misconduct and abuse end up in court, sometimes monetary compensation is awarded to the victims. This was the case for Jeffrey Epstein, a wealthy financier and registered sex offender who was accused of trafficking and molesting underage girls.

Epstein was arrested in July of 2019 on charges of sexually abusing and trafficking dozens of children. He allegedly committed suicide in his cell just one month later while awaiting trial for his suspected crimes.

The Epstein Victim’s Compensation Fund was amassed from Epstein’s fortune, estimated at around $634 million. Accepting money from the fund meant that the victims could no longer sue the Epstein estate, but could still share their stories and participate in the investigation of Epstein’s sex-trafficking operation.

The fund was created with the hope that it could bring a sense of justice to the women who would never get the chance to face their abuser. People were quick to point out, however, the other famous connections Epstein had, and wonder how deeply involved they may have been with the pedophile’s sex-trafficking ring.

For example, investigative reporter James Stewart appeared on MSNBC to discuss philanthropist Bill Gates’ connections to Epstein. Gates denied having a relationship with Epstein, but the facts show “visits to the mansion, seeing each other in Seattle, flying on Epstein’s plane.” The denial, for Stewart, “sets off red flags.”

Actress and author Rose McGowan also Tweeted, “Epstein was working with the CIA. Media will not tell you the truth about [Bill] Clinton’s involvement. Epstein [was] not the head of human trafficking ring, they used him to blackmail others.”

Other men who were suspected to be involved in Epstein’s social circle or crimes include George Mitchell, Prince Andrew, and President Donald Trump. With criminal investigations still ongoing, it is unclear whether justice will ever be delivered.

Punitive Justice

Larry Nassar, the former physician for the United States gymnastics team, faced testimony in 2018 from more than 60 women accusing him of sexual misconduct. For decades, Nassar molested the girls who came to him for medical treatment. He was sentenced to a maximum of 175 years for sex crimes. Some of the survivors include Olympic gold medalists Aly Raisman and Simone Biles.

Raisman stated during a speech at the trial that the problems go further than Nassar’s abuse. Addressing the newly appointed head of USA Gymnastics at the time, Kerry Perry, Raisman said, “Unfortunately, you’ve taken on an organization that I feel is rotting from the inside.” To Nassar, she said, “I am here to tell you that I will not rest until every last trace of your influence has been destroyed, like the cancer it is.”

Biles also believes that there is still work to be done. “We need to know why this was able to take place for so long, and to so many of us,” she said. “We need to make sure something like this never happens again.”

She also spoke of how hard it is to trust people now, even with Nassar behind bars. “It feels like he took a part of me that I can’t get back, so I’m still working on that part.”

Restorative Justice

Of all the ways in which survivors are compensated, restorative justice is the least-discussed option. But some activists and prison abolitionists believe it is the only option that truly delivers justice.

Author Alex Vitale describes how, through restorative justice, offenders are expected “to fully account for their behaviors in dialogue with the individual and communities affected by their actions.… They must then work with those parties to develop actions to try to repair the damage done as much as possible.” The goal is to heal not only the survivor but the community as well, and address both the root of the crime and ways in which it can be prevented in the future. Restorative justice focuses on the system rather than the individual perpetrator.

Executive director of Common Justice and author, Danielle Sered, discusses restorative justice in her novel “Until We Reckon.” She writes, “Transforming our national response to violence will require placing the people who survive it at the center of any response to it. This is not what we currently do—though we pretend that it is.”

She goes on to state that when restorative justice is offered as an option, the majority—90%—of survivors have chosen it over punitive justice, from reasons of compassion and forgiveness to practicality, believing that the offender’s imprisonment will not make them feel safe.

Ways in which restorative justice is implemented can include both apologies and paid resolutions, yet also include some form of positive contribution to the community. The one thing it never involves is imprisonment.

Sered writes, “We would not be a nation where, by the most conservative estimates available, every year… more than 57,000 children survive sexual violence.” She adds, “If incarceration worked to stop violence, we would have eradicated it by now—because no nation has used incarceration more.”

Both the National Sexual Assault Hotline and the National Domestic Violence Hotline can help victims and survivors. Call the  National Sexual Assault Hotline: 1-800-656-4673 and/or the National Domestic Violence Hotline: 1-800-799-7233.

Hallie Carton is an Editing Intern for Hers Magazine. She will be graduating from Vassar College in May of 2021 with a degree in English. In her free time she loves playing piano and watching romantic comedies with her cat, Fidget!

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