Juries are a cornerstone of our democracy.
Twelve randomly selected citizens hear the evidence in a criminal trial, decide on the facts and deliver a verdict on whether the defendant is guilty or not guilty of the charges.
However, the Government’s chief victims adviser Ruth Money argues this system is failing victims and defendants in sexual violence trials.
Victim survivors’ concerns include the “ferocious and violent and belittling and trauma-inducing” process after the long wait to get to trial, Money says.
Jurors bring their own misconceptions and lack of understanding of sexual violence into complex criminal trials, she says.
Although they are directed by a judge, jurors may have to assess complex medical evidence and consider issues such as coercive control, strangulation and rape myths. Some report feeling out of their depth and traumatised by the evidence.
Money has proposed replacing juries with specially trained panels – potentially including sexual violence practitioners, medical professionals and people who work with victims and perpetrators – so complainants and defendants can have their cases assessed by people who understand the complexities of sexual violence.
She says her proposal would not change the Crown’s burden of proof or defendants’ right to a fair trial. Similar models operate in parts of Europe.
Another view is that the system, not the jury, is the problem.
Canterbury University legal expert and barrister Dr Thomas Harre agrees there are issues but questions whether replacing juries with a panel of experts is the solution.
He says there are “corrosive” delays in getting to trial, the complainant has to relive the sexual violence (regardless of who hears the evidence) and there are structural issues around the complainant’s place within criminal proceedings.
Harre suggests reforms should focus on reducing delay, increasing support for complainants and improving their standing within the justice process, including independent legal representation.
According to a Ministry of Justice report, the majority of sexual assault defendants elect a jury trial rather than a judge-alone trial. In 2024, 86% of sexual assault cases that progressed to trial opted for a jury trial.
Reporting rates for sexual violence are low for a range of reasons.
Among them, victims are understandably reluctant to go through a lengthy legal process and, in a jury trial, have to relive a traumatising experience before a group of strangers (who may later recognise them in their community).
Victim survivor-blaming and credibility-questioning – including because of their behaviour, clothing or sexual history – is another deterrent.
Money’s advice to the Government certainly merits further discussion. However, whether or not it is adopted, it is clear the court system for sexual violence cases needs an overhaul.
Victim survivors need better support through a safer process and not to be blamed or shamed.
How to get help:
If you're in danger now phone the police on 111 if you can do so safely
For more information:
If you've ever experienced sexual assault or abuse and need to talk to someone, contact Safe to Talk confidentially, any time 24/7:
• Call 0800 044 334
• Text 4334
• Email support@safetotalk.nz
• For more info or to web chat visit helpauckland.org.nz
• She Is Not Your Rehab: An anti-violence movement that exists to address and dismantle the cycles of intergenerational trauma, violence, and abuse by promoting safe relationships and providing support and resources for individuals and communities.
Are you worried about what you are watching? Are you experiencing sexual thoughts that involve harm towards others? Are you concerned about someone else’s or your own online behaviour? Contact:
• Stop, South Island
• WellStop, lower North Island
• Safe Network, northern North Island
If you have been sexually assaulted, remember it's not your fault.
