Venu Menon
Wellington, August 11,2023
The rights of victims of sexual and family violence have been strengthened under an amended legislation.
The Victims of Sexual Violence (Strengthening Legal Protections) Legislation Bill addressed potential litigation abuse within the court process that left child as well as adult victims of sexual violence further traumatised.
“Despite past attempts to do this, victims still often feel unsafe, retraumatised and [feel] like their voices are not being listened to. These changes will make a real difference,” Minister of Justice Ginny Andersen said.
The minister said child victims of sexual violence can be further traumatised when giving evidence in court. “Being asked if they wanted or even enjoyed the sexual activity is damaging and just plain wrong,” she noted.
The law was being amended to “ensure that the question of consent is not relevant when a child takes the stand,” the minister added.
The Bill also gave adult victims of sexual violence “more say over their automatic name suppression.”
“The settings are there to protect victims’ privacy, but not everyone wants or needs protection in this way. It’s important that victims have the right to speak out about their experiences, should they choose to. These changes mean that our justice system will support that choice,” Andersen observed.
The maximum penalty for the offence of “sexual connection with a child” was being increased to 20 years’ imprisonment “so that it aligns with that of sexual violation,” the minister noted.
Sexual Violence Legislation Bill
The Sexual Violence Legislation Bill had its third reading in Parliament on 14 December 2021.
The Bill’s amendments were aimed at freeing the court process of its vulnerability to common myths, misconceptions and stereotypes around sexual violence, including that of assuming consent based on how victims dressed or behaved.
The Bill, which took onboard Law Commission recommendations, was aimed at fostering greater trust in victims in the justice system and, concurrently, raising the level of reporting of sexual violence in New Zealand. Its implementation was tied to around $38 million in funding from the Budget 2019 family and sexual violence package.
The Bill also provided additional funding for ongoing initiatives such as Victim Support and the Victims Assistance Scheme focused on supporting victims of sexual crime.
That support included increased financial aid for homicide victims and their families, grants for counselling victims of serious crime, an increased hourly rate for counselling, and a new grant for victims of sexual violence.
Victim pilot programmes
Three new pilot programmes to fill gaps in the justice system for victims were announced early this year.
One pilot ensured that victims could express their views when courts decided on bail for a defendant. Another pilot focused on easing the court experience of child witnesses in sexual violence cases and providing appropriate training for child support staff. A third pilot focused on the safety of victims of serious crime.
The pilots were due for a review in July 2024.
“By focusing on the areas that victims themselves have told us are not working, these pilots can make a real difference on the ground right now, and inform a more victim-focused justice system in the long-term,” Andersen said.
Venu Menon is an Indian Newslink reporter based in Wellington
