Former rape complainant backs review

Justice Minister Simon Power has made a proposal to stop the sexual history of rape-case complainants being raked over without a judge's permission first. Photo / Mark Mitchell

Louise Nicholas has praised Justice Minister Simon Power's proposal to stop the sexual history of rape-case complainants being raked over without a judge's permission first.

Mr Power gave further details of his proposal yesterday, saying it was aimed at cases where the complainant's relationship with the accused was raised. This would only happen if the judge gave prior permission.

Mr Power said this would create a level playing field with existing law, which prevented the sexual history of victims being raised without a judge's permission.

Louise Nicholas said this would have made a difference in her case, where her prior involvement with the accused police officers was raised by defence lawyers.

She said she would have liked some prior ruling on its relevancy, rather than just being "ambushed".

Louise Nicholas said the change Mr Power was proposing was one she had been arguing for since her case.

Since Mr Power went public with the proposal, she had been contacted by other complainants who were "absolutely stoked".

"We have finally got a minister who is walking beside us.

"He sees we have discrepancies in our rape laws, and he is bringing the fairness we need."

Mr Power gave the further details after his original proposal made in a major speech on Thursday drew strong criticism from lawyers, who said it already existed and he did not know the law.

There is already tension between Mr Power and defence lawyers over the fundamental review of legal aid he has ordered.

Mr Power clarified his proposal yesterday by saying he wanted to ensure that all evidence relating to a complainant's sexual history was dealt with in a consistent way - irrespective of whether the sexual history involves the defendant or any other person.

"To make it absolutely clear: The proposed change would inhibit sexual history between the complainant and the defendant from being raised in open court without the prior leave of the judge."

VOICES ON THE STREET

The Government is proposing changing the definition of consent in rape trials as part of its major overhaul of criminal justice. Under the proposals someone would have to say "yes" rather than the current law where a defendant is able to argue the woman did not say "no". The Weekend Herald took to the streets to ask whether the change was a good idea.

Vimal Sood, 48
"The lady should get the full rights. If she said yes, then it is not rape. That is a better argument. But if the woman is not ready and she says no, then that is clearer.

"I don't know if I support it, I just know that the lady should be heard in court, no matter what the circumstance."

Jacqui Murdoch
"I would support that, definitely. I think the law isn't very clear there. To say 'if she doesn't say no, it's okay' is not responsible.

"There's all those added things, where women's drinks are spiked and they don't know what's happening. I think that's wrong to say that if she hasn't said no, it stands. I'd absolutely support a law change."

Zahida Khatoon, 27
"It's always the girl's decision and, yes, I would support that. If you're drunk and you can't actually say anything, you can't say no.

"To have a guy say: 'Oh, she didn't say no to me though,' that's not very truthful.

"He needs to hear that she has said yes to sex - then if she has, then I wouldn't say that's rape."

Stewart Walker, 58
"I'd be supportive of that law. All too often the law plays around with this thing that: 'Oh but she didn't say no.'

"Usually this sort of act takes place in a private place and we don't know what is said, by who.

"But I think she's better off with that [move], if that were to come up in court - whether or not she actually said yes to consensual sex."

Stephanie Holmes, 30
"I think it's a good thing. It must be hard enough to go through court anyway.

"Knowing that she has actually said yes [to sex] makes it consensual."

Andrew Parker, 22
"Yeah, I'm all for it. It's absolutely ridiculous you can base consensual sex on the whole basis that a woman has not said no.

"I'm hoping they will change that in court - you'd think that it certainly would have come up before this. The way that it is now needs to be changed."