Emily Henderson: Keeping Whangārei women and children safe with solutions that work

Dr Emily Henderson (second from left), the Tai Tōkerau Victim Support Team and Minister of Justice Kiri Allan (second from right, front).

Opinion

Lately the papers have carried news of a sickening criminal trial where men targeted, drugged, raped and assaulted young women in Christchurch.

I marvel at the courage of the two 18-year-old girls who finally brought these offenders down, not just because they weathered the trauma of rape but because they also overcame fears many rape complainants have of the criminal justice system. This is a long-standing blight on our courts: remember the equally disgusting Roastbusters offenders, some of whose victims refused to come forward because of fears of how they would be treated at trial.

There’s good reason for those fears. Studies here and around the world show women who complain of rape are routinely accused of lying for revenge and attention or to escape having to admit they consented to sex: Discredited but terribly discrediting myths that have been around for millennia. Women and girls who were drunk or using drugs even get told they just don’t remember consenting - even if they were unconscious or completely incapable of decision-making.

Child complainants don’t get any easier a time. Not only are they trying to cope with questioning that is generally way too advanced for their age, but they can face similar allegations they consented - including children not yet in their teens and well below the age of consent.

It’s traumatic and - unsurprisingly - that stress massively impairs witnesses’ ability to answer questions fully. Trials cannot truly be fair to anyone - the prosecution, the defence or the public - when witnesses don’t have a decent opportunity to give their evidence.

One study of Australian defence lawyers showed they would not allow their own children to give evidence of sexual assault because of how child witnesses are treated by themselves and their colleagues. The exception was in Western Australia, the only Australian state at the time to have good alternative measures in place for children - especially pre-recorded cross-examination.

This Government has made major strides in improving trials for children and adult sexual offence complainants. I was proud to be part of introducing the Sexual Violence Act, which encourages pre-recording and other innovations. Even better was being with Justice Minister Kiri Allen recently to announce a new raft of measures.

We will be piloting practical improvements for children and sexual violence victims and witnesses, including helping them have their say in bail decisions, giving them control over whether their names stay suppressed after trial, and proving more money to Victim Support to help them navigate the court process.

Prior to coming into Parliament, improving trials for children and vulnerable adults was the focus of my professional life, and Whangārei has long led the way: it was local lawyers and judges who piloted the new specialist Sexual Violence Courts, making us the natural placement for two out of three new pilots.

We’re also changing the law to stop children being accused of consenting to rape and, in another initiative which I strongly support, having been a Family Court lawyer, we’re giving judges more powers to stop people using the courts to harass and control ex-partners.

Fairer processes will mean fairer trials, more witnesses coming forward, better evidence and better, safer outcomes for us all.