000			01956nab a2200277Ia 4500
001			113674
005			20250625151155.0
008			110331s2002 eng
022			_a0067-0510
040			_aWSS _dAFV
100			_aLongdill, Anna _91571
245			_aRegulating access to the therapeutic records of sexual assault complainants : _ban analysis and critique of current New Zealand procedure _cLongdill, Anna
260			_aAuckland _bAuckland University Law Students' Society _c2002
365			_a00 _b0
520			_aThis article examines both substantive and procedural problems in the New Zealand law when defence counsel access the therapeutic counselling records of women who have been sexually assaulted. This is done in the hope that the records contain exculpatory information that may be brought out in cross-examination. The author suggests that defence counsel in New Zealand have been following this practice as occurs overseas. At stake here is the complainant's right to privacy and the accused's right to a fair trial. The article assesses the current New Zealand procedure for accessing counselling records held by third parties, and highlights the deficiencies of this procedure from the perspectives of the accused, the complainant, the record holder, and the justice system. It presents legislative initiatives of New South Wales and Canada, and suggests recommendations for a New Zealand procedural solution. The author argues that procedural issues need to be identified and resolved before a substantive solution is considered.
522			_anz
650	2	7	_2FVC _aCOUNSELLING _9160
650	2	7	_aMEDICAL RECORDS _9371
650	2	7	_2FVC _aPROCESS MANAGEMENT _9465
651		4	_aNEW ZEALAND _92588
500			_aAuckland University Law Review 9(3) 2002 : 764-805
650	2	7	_9336 _aLAW _2FVC
650	2	4	_aSEXUAL VIOLENCE _9531
773	0		_tAuckland University Law Review 9(3) 2002 : 764-805
942			_2ddc _cARTICLE
999			_c2175 _d2175