New rules in rape court cases hailed as decades overdue

A woman’s sexual history or how she dresses will be out of bounds in future court cases under reforms designed to protect victims from being retraumatised.

Such information — called “rape myths” by survivor advocacy groups — will only be admissible in a court if the judge deems it should be, and if not doing so would impede the course of justice.

The new rules are contained in the Sexual Violence Legislation bill, which is expected to become law early next year.

The bill seeks to maintain fair trial rights while improving the court experience, which complainants have described as retraumatising, hostile, and a compelling factor in deterring victims from coming forward.

An estimated one in four women and one in seven people experience sexual violence in their lifetime, but most cases are unreported. Of those reported to police, only a third go to court and one in 10 end in convictions.

Justice Minister Andrew Little said he hoped the bill would eventually encourage more complainants to come forward, though it was difficult to say if it would have any effect on conviction rates.

Justice Under-Secretary and Green MP Jan Logie said the myths about rape unduly influenced court cases.

Chief victims’ adviser Kim McGregor said cross-examination was the most destructive and distressing part of the court process, and better protections for complainants were long overdue.

Wellington Women Lawyers’ Association convener Steph Dyhrberg said it was important to require judges to direct juries about the misconceptions around rape.