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Preliminary reflections on the Sexual Violence Legislation Act 2021 Kate Fitzgibbon and Joanne Lee

By: Contributor(s): Material type: ArticleArticleSeries: New Zealand Women's Law Journal - Te Aho Kawe Kaupapa Ture a ngā WāhinePublication details: LexisNexis, 2022Subject(s): Online resources: In: New Zealand Women's Law Journal - Te Aho Kawe Kaupapa Ture a ngā Wāhine, 2022, 7: 21-45Summary: This article considers the Sexual Violence Legislation Act 2021. It focuses on three key areas of reform: heightened restrictions on sexual experience and sexual disposition evidence; pre-recording of witness evidence prior to trial; and mandatory judicial intervention in unacceptable questioning. The article outlines each of the changes, and anticipates the practical effects they may have on defendants, complainants, counsel, and the wider court system. It concludes that the reforms, while incremental, may go some way to improving the courtroom experience of complainants, and that there appear to be sufficient safeguards embedded in the Act to preserve defendants’ fair trial rights. There are, however, questions about the capacity of counsel, and the court system, to accommodate some of the reforms on a large scale – particularly in relation to video record evidence. The authors support an independent evaluation of the Act once in effect, to analyse the efficacy of the changes and to address resourcing concerns. (Author's abstract). Record 8214
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New Zealand Women's Law Journal - Te Aho Kawe Kaupapa Ture a ngā Wāhine, 2022, 7: 21-45

This article considers the Sexual Violence Legislation Act 2021. It focuses on three key areas of reform: heightened restrictions on sexual experience and sexual disposition evidence; pre-recording of witness evidence prior to trial;
and mandatory judicial intervention in unacceptable questioning. The article outlines each of the changes, and anticipates the practical effects they may have on
defendants, complainants, counsel, and the wider court system. It concludes that the reforms, while incremental, may go some way to improving the courtroom experience of complainants, and that there appear to be sufficient safeguards embedded in the Act to preserve defendants’ fair trial rights. There are, however, questions about the capacity of counsel, and the court system, to accommodate some of the reforms on a large scale – particularly in relation to video record evidence. The authors support an independent evaluation of the Act once in effect, to analyse the efficacy of the changes and to address resourcing concerns. (Author's abstract). Record 8214