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What We Did
Analysed 30 adult rape trials (from 2010-2018) in which the issue was consent, comparing the documented experience of the women complainants with those in 10 cases from the Sexual Violence Court Pilot, in order to make recommendations for reform of law and practice. Privileged access to the audio of complainant evidence allowed important observations about the points in the trial in which the quality of complainant evidence was impacted due to her heightened emotionality. The work resulted in proposed changes to the questioning process to limit re-traumatisation without adverse effect on defendants’ fair trial rights. The research was funded by a Marsden grant and with further research and publication support from the New Zealand Law Foundation, the Borrin Foundation and the School of Law.
Who Was Involved
Elisabeth was the lead researcher/primary investigator, along with analytical and writing contributions from independent researchers from Waikato (Paulette Benton-Greig), Wellington (Sandra Dickson) and Dunedin (Rachel Souness).
Why It Matters
The internationally unique methodology has enabled contemporary assessment of the effectiveness of historical legal change and the recent procedural changes in the Sexual Violence Court. The findings from the research have already been relied on by the Justice Select Committee (accepting recommended changes to the Sexual Violence Legislation Bill 2019); Crown Law (in the development of the Solicitor-General’s Guidelines for Prosecuting Sexual Violence) and the Court of Appeal with regard to best practices in the delivery of jury directions. The research has formed the basis for development and education programmes which are being delivered to the police, the judiciary, forensic medical professionals and lawyers.
Learn More
The book is available at Canterbury University Press.
Photo Caption:
Cover of the book ' Rape Myths as Barriers to Fair Trial Process' by Prof McDonald
