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Improvements to sexual violence legislation in New Zealand : public discussion document

By: Taskforce for Action on Sexual Violence.
Contributor(s): New Zealand. Ministry of Justice.
Material type: materialTypeLabelBookSeries: Publisher: Wellington, New Zealand : New Zealand. Ministry of Justice, 2008Description: 42 p. ; 30 cm; electronic doument (42 pages); PDF file.ISBN: 9780478290608.Subject(s): CRIMES ACT 1961 | CRIMINAL JUSTICE | JUSTICE | LAW REFORM | RAPE VICTIMS | RAPE | RESTORATIVE JUSTICE | SEX CRIMES | SEXUAL ABUSE | STATUTES | NEW ZEALAND | EVIDENCE ACT 2006 | SEXUAL VIOLENCEDDC classification: 345.930253 IMP Online resources: Archived copy Summary: This discussion document from the Ministry of Justice seeks the views of the public on a number of possible law changes to the Crimes Act and the Evidence Act. The changes aim to improve the response of the criminal justice system to sexual offending. The areas of change under consideration are: the legal definition of consent and extending the rape shield (that is limits on the ability of the accused to cross-examine the complainant). For each issue, the current New Zealand law is set out followed by examples from Australia, Canada and the United Kingdom. The issues are discussed and disadvantages and advantages are considered. Options are provided and a preliminary proposal is presented as a possible preferred option for consideration and comment. Finally, questions are raised in order to get feedback on each issue. In addition the paper presents examples of some alternative models and practices that are designed to provide more positive experiences and outcomes for victims of sexual violence. These are the use of an inquisitorial rather than adversarial approach, the use of restorative justice processes, and specialisation of staff and agencies. Public feedback is sought in a more general way on these models and practices before policy options are developed for consideration by the Taskforce for Action on Sexual Violence and the Government. Search for Taskforce for Action on Sexual Violence to find all subsequent reports and papers related to this project. The electronic copy of this document is archived by the National Library of New Zealand. Record #2569
Item type Current location Call number Status Date due Barcode
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Report Report TRO 345.930253 IMP Available FV15090013
Report Report TRO 345.930253 IMP Available A00670529B

This discussion document from the Ministry of Justice seeks the views of the public on a number of possible law changes to the Crimes Act and the Evidence Act. The changes aim to improve the response of the criminal justice system to sexual offending. The areas of change under consideration are: the legal definition of consent and extending the rape shield (that is limits on the ability of the accused to cross-examine the complainant). For each issue, the current New Zealand law is set out followed by examples from Australia, Canada and the United Kingdom. The issues are discussed and disadvantages and advantages are considered. Options are provided and a preliminary proposal is presented as a possible preferred option for consideration and comment. Finally, questions are raised in order to get feedback on each issue. In addition the paper presents examples of some alternative models and practices that are designed to provide more positive experiences and outcomes for victims of sexual violence. These are the use of an inquisitorial rather than adversarial approach, the use of restorative justice processes, and specialisation of staff and agencies. Public feedback is sought in a more general way on these models and practices before policy options are developed for consideration by the Taskforce for Action on Sexual Violence and the Government. Search for Taskforce for Action on Sexual Violence to find all subsequent reports and papers related to this project. The electronic copy of this document is archived by the National Library of New Zealand. Record #2569

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