(Image: Ashton Kutcher and Mila Kunis)
CW: Discussion of sexual violence.
When the Black Lives Matter movement began in earnest, I did a lot of reading on social justice, racism, policing and criminal justice.
During this time, I became familiar with the abolitionist movement. This included the more familiar #defundthepolice and the perhaps lesser known prison abolitionist movement.
Both are related and involve understanding and acting on so-called criminal behavior through a broader understanding of the circumstances that create crime in the first place.
The idea is to not only understand why someone might commit a crime, but offer them a way to learn and grow in way that isn't punitive in the traditional sense and allows for justice and healing on the part of the victim.
This is known as restorative justice.
Let's say, for example, a young man steals a few packs of diapers from the local pharmacy. Let's say this is the fourth offense. Under our current justice system, this man might see jail time, be forced to disclose his conviction on job forms, and potentially lose custody of his child.
At the same time, the owner of the pharmacy doesn't get any assurance that his goods won't be stolen again.
Now, a restorative justice model might mean addressing the economic conditions that caused the man to steal in the first place, providing a path toward a sustainable income, and supporting the store owner so that they can provide goods and services at a fair price that still enables them to make a sustainable income.
I think many people are amicable to that line of thinking because we are not talking about a malicious crime. It does ask for a degree of patience and understanding on the part of the victim (the owner), but it isn't hard to empathize with the criminal (the shoplifter).
But, what about sex crimes?
What about cases of abuse, assault, and rape?
How does restorative justice work here?
Are some just undeserving of a “second chance?”
This idea was called into question by Ashton Kutcher and Mila Kunis who penned letters of support for their former co-star Danny Masterson.
These letters were addressed to the Judge in the case against Masterson, in which the “That 70s Show” star was found guilty of raping two women.
For the unfamiliar, ahead of sentencing at the conclusion of a trial, many close to the convicted will ask the judge to consider the character of the guilty party in the hope of achieving a more lenient sentence.
It should be clear that these letters are delivered after the jury has already reached a verdict and have no impact on the outcome of the case.
Kutcher and Kunis said as much in an explanation (apology?) that was shared on Kutcher's Instagram.
The pair, looking purposely unglamorous, addressed accusations that they were condoning Masterson's actions and failing not only his victims, but all victims of sexual violence.
I am not sure what the pair was hoping to happen or even if the idea of restorative justice is on their minds. They might have merely been thinking about their friend and the harsh sentence he faced.
And, indeed, the judge “threw the book at him,” and sentenced Masterson to 30 years to life.
When most rapes go unreported and those that make it to trial see the guilty party given a free pass (Brock Turner), the idea that a one-time celebrity with means could not money and fame his way out of paying for his crimes seems particularly satisfying.
Finally, a win.
And, yet, I go back to this notion of restorative justice and ask, is someone like Danny Masterson deserving of a chance to truly better himself and be allowed to be an active member of society?
I wonder, how would that process ensure the victims are also healed or at least on a path toward healing?
I will always be on the side of the victims, and if they take comfort and solace in the sentencing and feel justice was served I will not say otherwise.
Yet, I am reminded over and over of why sexual violence is so often ignored.
I think about the victims who have to subject themselves to grueling physical examinations and endless interrogations in order to “prove” they were indeed violated.
I think about the fear of retribution and the worry about sending a loved one to prison.
I think about how the threat of imprisonment doesn't seem to be enough to convince men not to rape.
I think about how enjoying the idea if a rapist getting raped in jail is a complicated feeling to say the least.
I ask myself, if I am truly for the idea of restorative justice, how far am I willing to go in defense of this idea?
Are the ones who most need restorative justice the most reprehensible of all criminals?
I think it takes a lot of strength and compassion to forgive people of heinous crimes and to not just want them to die or rot in jail.
I am not sure I could do it.
I will close this rant by acknowledging the victims and hoping they are doing as okay as they can be in this moment.