New Zealand: Advocating for the Rights of Sexual Assault Victims

By Jordan Law

New Zealand has proposed a new bill which aims to protect victims of sexual assault throughout the court process.[1] This is done through new legislation regarding how victims testify, and what evidence can be introduced in court about a victim’s sexual history.[2] This new bill is titled the Sexual Violence Legislation Bill.[3] This bill was deemed necessary to reduce unnecessary harm that can be felt by victims of sexual assault who report the crime and are dragged through the criminal justice process because of it.[4] Frankly, some may even say that legislation created with this goal in mind was long overdue.

 Prior to this bill being passed, all witnesses in New Zealand, regardless of the reason they are testifying, are required to testify in court from the witness stand.[5] As we know from psychological research, testifying in court can retraumatize a victim. Because of this, new legislation has been proposed to amend three Acts that are currently in place.[6] This new legislation would provide alternatives to courtroom testimony to those who have been victims of sexual assault.[7] However, that is not the most impactful portion of the bill. This bill also changes what can be discussed during a sexual violence trial.[8]

 Similarly to the United States’ evidence rules pertaining to introduction of sexual history, New Zealand has implemented like-minded legislation. This new bill contains several sections focusing  on evidence of sexual experience, evidence of sexual reputation, and applications to offer evidence about sexual reputation.[9] New Zealand lawmakers are hopeful and positive regarding this legislation because they have seen it work out fairly in several other countries at this point.[10] They are hopeful that their similar legislation will have just as great of an impact.[11]

 In December of 2021, New Zealand’s Sexual Violence Bill overcame its last hurdle when it passed the final stage in Parliament.[12] This means that the legislation is now official.[13] New Zealand victims of sexual assault will now be provided many new protections, protections that they had never been provided before.[14]

 The intentions behind this bill were plentiful. First, this bill was introduced in hopes that more victims will come forward.[15] Because the court process is so brutal, and testifying can be so emotionally draining, many victims of sexual assault choose to never come forward.[16] Adapting legislation to allow for more privacy for the victim during the trial makes government officials hopeful that more victims may choose to come forward.[17] The crucial part of the legislation that lawmakers hope will encourage more victims to come forward is the portion that states that a victim’s past sex life will be off limits. [18]

 Second, the changes made in this bill are reflective of the truth of the nature of sexual assault. Namely, the intentions of this bill are to steer away from the myth that a sexual assault victim was somehow asking for it.[19] This goal is met, in part, by disallowing evidence of a victim’s sexual history.[20] Additionally, this goal is met by requiring judges themselves to dispel misconceptions about sexual violence when they may be brought into the case.[21] This portion of the legislation will, hopefully, allow for a more equal playing field during trial.

While the main focus of this new legislation is to protect victims in sexual assault cases, New Zealand lawmakers hope that this bill will protect all victims.[22] However, it is important to mention that this legislation still maintains adequate fairness to all defendants.[23] This is crucial as it does not affect the integrity of New Zealand’s judicial system in anyway. Additionally, New Zealand’s government will continue to monitor the impact that this bill has.[24]

The world as a whole has greatly improved its treatment of sexual assault victims as the years have passed. That is why several countries have implemented bills similar to New Zealand’s Sexual Violence Legislation Bill. Looking to what New Zealand has done, it is a step in the right direction. While the bill is not overly progressive, it does provide more grace to sexual assault victims and affords them an amount of privacy that they were once not allowed. New Zealand’s new legislation shows a great understanding of the fact that sexual violence is never the victim’s fault.

In conclusion, this bill is a huge step in the right direction for New Zealand. It is important to protect the rights of victims because trials can be extremely retraumatizing. Additionally, this new legislation also illustrates that it is possible to protect a victim while still being fair to the defendant. There is still growth to occur in this area, but even baby steps can be incredibly long reaching.

[1] See Sexual Violence Legislation Bill 2021 (185-3) (select committee report) at 1 (N.Z.).

[2] See Id.

[3] Id.

[4] See Hon Kris Faafoi, Sexual Violence Legislation Bill passes its final hurdle, https://www.beehive.govt.nz/release/sexual-violence-legislation-bill-passes-its-final-hurdle.

[5] Sexual Violence Legislation Bill 2021 (185-3) (select committee report) at 2 (N.Z.).

[6] See Id.

[7] See Id.

[8] See Id.

[9] See Id.

[10] Faafoi, Supra note 4.

[11] Id.

[12] Id.

[13] See generally Id.

[14] See generally id.

[15] Faafoi, supra note 2.

[16] See generally id.

[17] See generally id.

[18] Id.

[19] See generally Id.

[20] Id.

[21] See Id.

[22] Id.

[23] Id.

[24] Id.