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Title: Improvements to sexual violence legislation in New Zealand : public discussion document
Author: New Zealand. Ministry of Justice
Publisher: New Zealand. Ministry of Justice
Location: Wellington, N.Z.
Date: 2008
Report No.: Corp 371
Description: 42 p. ; 30 cm.
WWW: Link to electronic version
ISBN / ISSN: 9780478290608
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.
Topic Areas: Sexual abuse, Legislation, Justice, Sexual assault/rape, Restorative justice
Keywords: SEXUAL ABUSE; NEW ZEALAND; STATUTES; CRIMES ACT 1961; CRIMINAL JUSTICE; SEX CRIMES; NEW ZEALAND. EVIDENCE ACT 2006; RAPE; RAPE VICTIMS; RESTORATIVE JUSTICE
Notes: NZFVC Keywords: Government; Public discussion document; Audience: General/Adult Rights: Crown Copyright

MSD Identifier: 115065
 

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