After Sexual Assault

New Zealand Police defines Sexual Violation as:

Rape (sexual intercourse without consent)
Indecent assault (unwanted sexual touching)
Acts of indecency (exposure).

New Zealand legislation defines rape in the following way:

Person A rapes person B if person A has sexual connection with person B, effected by the penetration of person B’s genitalia by person A’s penis:
(a) without person B’s consent to the connection; and
(b) without believing on reasonable grounds that person B consents to the connection.

Sexual abuse occurs whenever anyone is forced, pressured or persuaded to engage in sexual activity. When this sexual activity happens to a child, it may not even occur to the child that they have been sexually abused.

Where these acts are performed without consent, where consent is withdrawn, or where consent is given under threat THEY ARE ILLEGAL, even if the two people are married.

Making A Complaint

If you've experienced sexual assault, the idea of reporting the experience to the Police can seem incredibly intimidating. You don't have to contemplate doing this on your own. We are here to work with you, your whānau
and loved ones to provide all the wrap-around support you need to contact the Police with confidence.

NZ Police have provided advice for survivors of rape and sexual abuse, as well as resources on what you need to know about sexual assault.

There are three parts to a complaint. The first part is talking to the police, the second is having a medical examination (if the rape was recent), the third part is making a statement.

For some people, making a complaint can channel anger, or sense of loss, into something potentially positive.

Talking To the Police

You can go to the police station or ask the police to come to you to make a complaint. If you're attacker was male, you may want to ask to speak to a woman officer, but there may not always be one available.

Surveys show that only 10% of rapes are reported to the police.

Medical Examination

If the assault was recent, the police will ask for a medical examination to gather forensic evidence.

You can choose to say no, however, the police will need evidence to go to court. The examination will be carried out by a doctor (usually a MEDSAC doctor which stands for Medical Sexual Assault Clinicians Aotearoa) and will take several hours.

ACC Sensitive Claims

ACC has a Sensitive Claims Process for costs relating to counselling and therapy following any sexual assault you may have experienced. We can work through this process with you.

After A Complaint Is Made

At the police station, the police will type up your statement. Tell them everything you can remember. They will investigate your complaint and try to gather enough evidence to go to court.

The police will also write a survivor impact report explaining how you feel about the rape and how it has hurt you and your family.

More Information

Further information is contained in:

The Rape Survivors’ Legal Guide
The MEDSAC (Medical Sexual Assault Clinicians Aotearoa) pamphlet on medical care for sexual assault survivors. You can get a copy of this by contacting us.

Going To Court

The court process can be traumatic for survivors and proceeding can be slow. The basic legal process in New Zealand is:

Decision by police to lay charges
Accused arrested and charged
Preliminary hearing
High Court trial
Sentencing
Appeal.

A court-based service for the victims of crime is available, known as the Court Victims Advisor Service.

This process shortens if the accused pleads guilty. Detailed information on the court process can be found in The Rape Survivors’ Legal Guide.

The Sentence

The maximum sentence is 20 years and only about 20% of complaints result in the rapist being convicted.