An exploration into the BIOC victim in operational practices related to victim-offender mediation: a case study

Abstract

The study is based on the identified gap between the guiding principles, related acts, and the practice of victim-offender mediation (VOM) when child victims are involved. As a result of this gap all sorts of cases involving child victims, even child sexual abuse, are involved in VOM. Literature point out the need for research to evaluate how victims are being treated; examining activities, guidelines followed and the actions of role players during the implementation of VOM. Therefore, the focuses of this study on the current process of victim-offender mediation implementation (in this study referred to as operational practice) by probation officers and their manner of considering the needs of child victims. The aim of the research is to determine if the formal victim-offender mediation operational practices as applied by probation officers can be described as in the best interest of the child victim. The researcher used of a qualitative method with a case study design. The findings revealed consistency regarding the conduct of the formal operational practices of victim offender mediation with the child victim. The study furthermore determined that the formal victim-offender mediation operational practices can be described as mostly in the best interest of the child victim. A minority of cases were considered as not suitable for victim offender process. Based on the results of the study the researcher formulated guidelines to those who make decisions regarding the incorporation of best interest of the child victim in the victim offender mediation.