Criminal Mediation: a restorative proposal to mitigate gender and intimate partner violence in Chile

Abstract

This study analyzes the conditions for conducting criminal mediation in crimes of gender and partner violence in Chile, a restorative justice mechanism that has not been applied to this type of case in that country. Specifically, this qualitative, descriptive research, supported by documentary analysis, shows how in other nations mediation has been used as a valid option to mitigate and prevent the escalation of violence, improving the future security of victims. Specifically, the research identified factors that enable or hinder the incorporation of the restorative system in the treatment of these crimes. It is concluded that the punitive nature of the accusatory criminal law implemented in Chile has not allowed to reduce and prevent violence. This is how the results show that to date there have been no reparative solutions, in accordance with the expectations of the victims. On the contrary, there is evidence of a sustained increase in the crime rate of threats, injuries, and femicides in Chile, for which it seems necessary to offer a comprehensive and systemic approach that prevents the escalation of violence and considers the intimate and relational aspects of couples. from an approach that overcomes punitiveness and goes into change and psychological repair of the parties.