Forgotten Victims? Male and Child Rape Victims and the Admissibility of Sexual History Evidence During Trial
36 Pages Posted: 10 May 2016 Last revised: 14 Aug 2018
Date Written: 2015
Abstract
This paper examines male and child victims of sexual offending within the context of New Zealand’s rape shield provision, s 44 of the 2006 Evidence Act. By assessing the application of this provision to victims other than those the provision was drafted for (adult women), this paper firstly inspects the impact of rape myths on the concerning under-reporting of male victimisation. Secondly, in regard to child complainants, this paper argues that age-based assumptions attributed to children has resulted in a departure from the usual standard of s 44, the consequences of which has been a consistent failure to protect child victims from the harms of cross-examination during trial. This paper concludes that the inconsistency in the application of s 44 between child and adult complainants exemplifies the need for reform of the section and in particular, the impact on the victim when assessing sexual history evidence should be a compulsory judicial consideration.
Keywords: S 44, Evidence Act 2006, rape shield, male victims, child victims, admissibility of sexual history evidence
JEL Classification: K14
Suggested Citation: Suggested Citation