Fears that proposed overhaul of rape trials will punish Ma¯ori men

The Government is being warned that proposals to overhaul how rape trials are run would see more innocent Ma¯ori men in jail.

The caution comes from Lady Heeni Phillips-williams, co-president of the Sir Peter Williams QC Penal Reform League and a criminal lawyer, in a letter she penned to Prime

Minister Jacinda Ardern which has been obtained by the Herald.

“I also write as the relative of two innocent young males from Nga¯puhi who, falsely accused, sadly went through several months of incarceration on sexual violation charges,” she said in her letter.

“It was a traumatising and frightening experience for both males and their wha¯nau — who were later freed without conviction . . . You, I trust, will be eager to prevent such tragedies damaging more Ma¯ori.”

Phillips-williams told the Herald that Ma¯ori men would bear the brunt because they were more likely to be arrested by police, more likely to rely on legal aid, and more likely to be subjected to biases throughout the justice system.

Her comments take aim at the

Sexual Violence Legislation Bill, which stalled last term due to NZ First but has passed its second reading and is awaiting its committee stage.

The bill is hailed as long overdue by victims’ advocates as making the process less traumatic for complainants in a way that would encourage them to come forward.

But it has divided the legal and justice fraternity. Crown Law, police, academics, the Law Commission and victim advocates support it but it is opposed by the NZ Bar Association, the Public Defence Service, the Criminal Bar Association and judges on the Law Commission’s judicial advisory panel and from the Sexual Violence Court pilot.

It is expected to pass with the support of Labour and the Greens.