R136 The justice response to victims of sexual violence: Criminal trials and alternative processes

• General information
• Letter to the Minister
• Foreword
• Acknowledgements
• Executive summary
  • Courts
  • Alternatives to trial
  • Support for victims
  • A note on the history of this review
• Recommendations
  • Part B: Courts
  • Part C: Alternatives to trial
  • Part D: Support for victims
• Part A Introduction
• Chapter 1 - Scope, approach, and context of this review
  • Introduction
  • The fundamental problem
  • The views of victims and others
  • Our approach
  • Structure and overview of Report
  • Our consultation process – 2014/15
  • A note on the history of this project and the current scope of the review
  • Areas for further review
• Chapter 2 - Prevalence and harm of sexual violence
  • Introduction
  • Limitations of the data
  • Where does sexual violence occur?
  • Prevalence of sexual violence
  • Reporting of sexual violence
  • Attrition in the courts
  • Case disposal times
  • Cost of sexual violence
  • Conclusion
• Part B Courts
• Chapter 3 - The existing court process for sexual violence cases
  • Introduction
  • Categorisation of offences involving sexual violence
  • Initial record of complaint and filing of charges
  • The District Courts or the High Court
  • Entry of plea
  • Pre-trial matters
  • The trial
  • The giving of evidence at trial
  • Verdict
  • Sentencing and restorative justice
  • Key differences between trial by jury and trial by judge-alone
  • Appeals
  • Retrials
• Chapter 4 - The court experience of complainants
  • Introduction
  • Summary of the issues
  • Issue one: the time between filing of charge and trial
  • Issue two: cross-examination of complainants in cases involving sexual violence
  • Issue three: availability of information and support for complainants
  • Issue four: court facilities and physical environment
• Chapter 5 - Court specialisation for sexual violence cases
  • Introduction
  • The theory and rationale of court specialisation
  • The case for court specialisation in the area of sexual violence
  • The experience overseas
  • Options for New Zealand
  • A specialist sexual violence court for New Zealand
  • Proposal for judicial specialisation
  • Proposals for prosecutorial specialisation
  • Specialisation or accreditation of counsel in sexual violence cases
  • Issues Paper proposal for a specialist sexual violence court operating post guilty-plea
• Chapter 6 - The fact-finder in sexual violence cases
  • Introduction
  • The function of the jury in a criminal trial
  • The right to trial by jury in New Zealand
  • Juror decision-making in sexual violence cases: the issues
  • Alternatives to jury as fact-finder in sexual violence cases
  • What should be done at this stage?
  • The rules of evidence in sexual violence cases
• Part C Alternatives to trial
• Chapter 7 - The case for an alternative justice mechanism
  • Introduction
  • The criminal justice system and victims’ justice needs
  • The proposal in the Issues Paper
  • What kind of an alternative justice mechanism?
  • Restorative justice
  • Conclusion
  • Is there a public interest factor in an alternative justice mechanism?
• Chapter 8 - Key issues concerning the alternative process
  • Introduction
  • Which cases can proceed through the alternative process?
  • Risk of perpetrator committing further acts of sexual violence
  • Public interest
  • Use of alternative process in cases involving intimate partner violence
  • Suitability of individual cases
  • Incentivising perpetrator participation in the alternative process
• Chapter 9 - Proposal for reform
  • Introduction
  • Overview of proposal
  • Reforms required for the proposal
  • Guiding principles
  • Diversity of programmes
  • Key components of programmes
  • Accreditation framework
  • Providers and specialist facilitators
  • Entry into the alternative process
  • Overview of assessment by provider and right of review
  • Eligibility for participation in the alternative process
  • Two assessments: “risk” and “suitability”
  • Review process
  • Protections regarding participation in the alternative process
  • Confidentiality
  • Privilege
  • Protection against “double jeopardy”: bar to subsequent criminal prosecution
  • Other protections during the course of the process
  • Record of completion
  • Oversight functions
  • Oversight of providers, programmes, and facilitators
  • Risk management
  • Maintaining records and register
  • Performance of the oversight functions
  • Pilot programme
• Part D​ Support for victims
• Chapter 10 - Is there a need for reform to help sexual violence victims engage with the​ justice system?
  • Introduction
  • Why are we looking at the support sector in a project relating to justice processes?
  • What is international good practice when meeting the support and service needs​ of victims of sexual violence?
  • What are the gaps in meeting the support and service needs of victims of sexual violence​ in New Zealand?
  • What is the impact of gaps in funding on the sexual violence sector?
• Chapter 11 - What change can improve the sexual violence support sector to better assist​ victims to engage with the justice system?
  • Introduction
  • Who should lead change?
  • Wraparound care
  • Key functions
  • Function one: coordination of services and strong cross-organisational relationships​ between both government and community service providers
  • Function two: implementation of appropriate training and accreditation programmes
  • Function three: national level oversight to ensure the competency of those interacting​ with sexual violence victims
  • Function four: dedicated research capacity focused on sexual violence including support to implement robust data collection practices throughout the sector
  • Reform of funding of the sexual violence sector
  • Conclusion
• Chapter 12 - The case for a government body
  • Introduction
  • The case for a new public body
  • The form of a new public body
  • Funding a commission
  • Incorporating Māori perspectives
  • Conclusion
• Appendix A - Sexual violence offences
• Appendix B - Overseas alternative justice mechanisms
• Appendix C - Eligibility for entry into the alternative process
• Appendix D - Guidelines/good practice standards for providers of alternative justice programmes
• Appendix E - Overseas models of support services
• Appendix F - The sexual violence support sector in New Zealand