Sexual Violence Legislation Bill
Public submissions are now being called for on the Sexual Violence Legislation Bill
Submissions
close 11.59pm on Friday, 31 January 2020. Click here to make a submission.
What does the bill aim to achieve?
This bill aims to reduce the re-traumatisation of sexual violence victims during court proceedings. The Law Commission’s 2015 report found the judicial system is not conductive to helping victims recover from their experience and receive justice.
This bill would increase the variety of ways complainants could give evidence in court. It would improve sexual violence complainants’ experience of the court process by allowing:
• the cross examination process to
be pre-recorded
• for victims to give their
impact statement without the public being present
•
judges to intervene if questioning is inappropriate or
excessive
• judges to tell the jury about
any common myths surrounding sexual violence
cases
The bill would also increase
access to communication assistance. Anyone who needs help
understanding court proceedings or giving evidence would be
able to apply for assistance.
What do I need
to know before making a submission?
Here are
some important points to be aware of before making your
submission:
• The committee is particularly
keen to hear from participants in the justice process in a
way that helps the committee to get the law changes
right.
• All submissions (except for secret
evidence—see below) are published on the Parliament
website, and submitters should not include contact details
in the body of their submission.
• The
committee will consider accepting anonymous submissions
where submitters are sharing their own personal or sensitive
experiences or information. Submitters wanting to do this
should contact committee staff.
• Submitters
have the option of requesting that their submission be
treated as private evidence, which can include making an
oral submission in private. Submitters wanting to do this
should contact committee staff.
• Submitters
have the option of requesting that their submission be
treated as secret evidence, which is never publicly released
and cannot be discussed by MPs outside the committee room.
The test for secret evidence is a high one and submitters
should contact committee staff to discuss this
option.
• If a submission contains an
allegation that may seriously damage the reputation of a
person who is named or can be identified based on
information in the submission, the committee must consider
how to handle the submission. This can include giving the
affected person a right of response. The committee is keen
to hear experiences of court processes and how they need to
change, and to do so in a way that is not re-traumatising to
victims. It also, however, needs to balance this with the
principles of natural justice. Please contact committee
staff to discuss your submission if you have any concerns
about this.
• Where such allegations are
made in secret evidence and the committee determines that
the affected person should have a right of response, the
response is also received as secret evidence. This means it
will remain permanently confidential.
•
Please note committees cannot inquire into allegations of
criminal wrong-doing against a person that can be
identified, as this is the role of the courts. Please
contact committee staff to discuss your submission if it may
contain such an allegation.
If you have any
questions about your submission or the submission process
please contact the committee staff through the contact
details provided on this page. You can reach committee staff
at justice@parliament.govt.nz.
Tell
the Justice Committee what you think
Make a submission on the bill by
midnight on Friday 31 January 2020.
You can make your
submission here.
For more details about
the bill:
• Read the full content of the bill
•
What’s been said in Parliament about the
bill?
• Follow the committee’s Facebook page for
updates
ENDS