TOAH NNEST response to the release of MOJ’s Report
Te Ohaaki a Hine-National Network Ending Sexual Violence Together (TOAH-NNEST), the specialist sexual violence sector network welcomes the Ministry of Justice’s newly released report Attrition and progression: Reported sexual violence victimisations in the criminal justice system.
This report depicts some of the difficulties experienced by New Zealanders who report Sexual Violence, including just 6 imprisonments resulting from every 100 Sexual Violence incidents reported. The release of the report demonstrates a willingness to address the problems and provides a much needed baseline from which progress can be tracked over time. The whole system requires change as the problems are not isolated to one area of the justice process.
Maggy Tai Rakena, Tauiwi Caucus Chair says “ We note from the report that victims/survivors are generally more satisfied when reporting to the police and there has been an increase in reporting overall. This tells an important story about how we can keep improving the system for those impacted by sexual harassment, abuse and violence. The 2005-2007 Bazley police inquiry identified key areas for improvement and the Police, together with the sexual violence specialist sector and advocates like Louise Nicholas, have created significant positive change”.
While the attrition rates have not significantly improved, the detail of who the victims are and their relationship to the person committing the sexual offences can help guide prevention and early intervention strategies.
Russell SMITH, of TOAH-NNEST Nga Kaitiaki
Mauri says “We are pleased to see this level of attention
being paid to this longstanding problem. The hope is this
will lead to engaging in a more empathic way where whānau
Maori are effectively heard and appropriately responded to.
The report confirmed our anecdotal knowledge and the
evidence is clear in the report, so we expect better
outcomes for whānau traversing the justice
system."
TOAH-NNEST recently consulted their member
agencies and identified seven areas where the current
criminal justice system is not working for
victims/survivors. These are:
• It is not effective in
holding those who have caused harm to account.
• The
criminal justice system does not prioritise the safety and
other needs of children
• The Family Court does not
prioritise the safety and other needs of
children
• Victims/survivors feel incidental to the
trial process, which replicates the dynamics of the sexual
violence
• Victims/survivors can be further traumatised
by the trial process
• No amends are made to the
victim/survivor
• No resolutions are made to the
relationships destroyed by sexual violence
• Most
victims/survivors want the person who harmed them to not do
it to anyone else, but most of those convicted of sexual
offences do not get appropriate treatment
In partnership
with our members TOAH-NNEST have identified the following
recommendations:
1. Expand support and service provision
of Kaupapa Māori services for victims throughout the
criminal justice system.
a. The current criminal justice
system lacks understanding of the needs of Māori survivors
of sexual violence and the particular kinds of trauma that
this harm engenders when coupled with the impacts of
colonisation. Currently, the adversarial process does not
work well for Māori victims/survivors of sexual violence as
the environment can be unfamiliar and does not accommodate
whānau or tikanga.
2. Prioritise the safety and other
needs of children who have been sexually abused in the
Criminal Justice System and the Family Court.
a. The
criminal justice process is often inappropriate for children
as its primary focus is on the needs of adults. For example,
the way that evidence is tested by confrontational
questioning, the impersonality of the process, the time
delays, the lack of support available from a parent if they
are also a witness, the lack of convictions which result and
the short sentences without treatment which result, are all
in need of reform.
3. Increase access to treatment and
support families.
a. Relationships within families,
whanau and friendship groups can be destroyed by sexual
violence and its path through the criminal justice system.
Court processes and low conviction rates encourage a culture
of denial rather than responsibility
taking.
4. Improvement of rights for victims/survivors to
improve justice outcomes and avoid replication of the
dynamics of the sexual violence.
a. The rights and needs
of the person who caused harm are consistently prioritised
over the rights and needs of the person who was
harmed.
5. Improve trial process.
a. The adversarial
process (and jury system) places undue pressure on
victims/survivors, who – unlike the defendant – do not
have enforceable trial rights enshrined within legislation.
Concomitant with such lack of agency is the frequent
experience of themselves being “put on trial” for
credibility, rather than the actions of the accused
perpetrator. This process is inappropriate and frequently
traumatising for criminal trials for sexual offences,
especially due to the operation of rape myth
acceptance.
6. Rape myth acceptance removed from the
court process.
a. Clarification of the nature of
consent.
7. Criminal justice process to be trauma
informed.
a. Training of all of those involved in the
system, including content regarding rape myth, trauma and
appropriate language to use when interacting with
victims/survivors of sexual violence.
8. Further
improvements to police practice.
a. Establish a system
outside of the IPCA, for review of police charging decisions
in sexual violence cases.
b. Increase specialisation and
training of police regarding sexual violence victimisation
and improved implementation and training behind the Adult
Sexual Assault Investigation Policy.
Creating sexual
violence free communities is possible and we need
coordinated efforts to change and address what is not
working. Undersecretary Jan Logie is working hard to achieve
improvements across the system and the Joint Venture cross
departmental approach is vital to positive
outcomes.
Where to get help:
• Safe to talk - 0800 044 334, free text
4334, webchat and info at www.safetotalk.nz, email
support@safetotalk.nz (24/7)
• Tu Wahine – Kaupapa Māori Crisis Service – 09 838 8700
• Korowai Tumanako – Kaupapa Māori Survivor and Harmful Sexual Behavior Support Service website: https://www.korowaitumanako.org/ Email: korowai@korowaitumanako.org
• Te Puna Oranga – Kaupapa Māori Crisis Service - 0800 222 042 Email: info@tepunaoranga.co.nz
• Rape Crisis – 0800 88 33 00 for support after rape or sexual assault
• Male Survivors Aotearoa – support for the well-being of male survivors of sexual abuse www.malesurvivor.nz
• Shakti Crisis Line – 0800 742 584 for migrant or refugee women living with family violence (24/7)
• Women’s Refuge Crisis Line – 0800 733 843 (0800 REFUGE) for women living with violence, or in fear, in their relationship or family (24/7)