Bill On Rape Victims (Press, 19 August 1976)

On 19 August 1976, a significant legislative proposal aimed at reforming the treatment of rape victims in court was set to be examined by New Zealand's Parliament's Statutes Revision Committee. The Evidence Amendment Bill, introduced by Mr J. K. McLay, a Government backbencher from Birkenhead, seeks to protect victims of rape from being subjected to cross-examination about their sexual history with individuals other than the accused. Additionally, it aims to limit inquiries into the victim's character unless permitted by the presiding judge under special circumstances. In his introduction of the bill, Mr McLay emphasised that many instances of rape go unreported, largely due to the stigma victims face, which often shifts the focus from the accused to the victim. He argued that society's perceptions of women's sexual history do not necessarily correlate with their consent to sexual activity. Promoting a cultural shift, Mr McLay contended that women should not be compelled to defend their sexual reputations during legal proceedings. He pointed out that current legal frameworks tend to favour the accused by allowing the admission of a victim's past sexual conduct, thus perpetuating the stereotype of promiscuity. Dr A. M. Finlay, the former Attorney-General, acknowledged the bill's significance while advocating for a more thorough review by an expert criminal-law committee. He recognised that while reporting rates for rape are low, there are instances where allegations lack substance. He called for a balance between encouraging victims to come forward and ensuring protection for the innocent against false claims. Dr Finlay suggested that Parliament might consider reclassifying the crime of rape, placing it alongside other serious assaults to streamline legal responses. Miss Marilyn Waring, from the National Party and representing Raglan, contributed to the discussion by stressing the need for a female perspective on rape definitions. She asserted that if a woman declines to engage in sexual intercourse and it occurs against her will, that should categorically be recognised as rape. Waring pointed to the troubling reality for many women, particularly those in marital relationships, and insisted that the proposed bill would be a welcome advance for victims seeking justice. The proposal illustrated a growing recognition of the complexities surrounding sexual assault cases and the need for legislative change to better protect victims while balancing the rights of the accused. The discussions reflect broader societal tensions regarding sexual conduct, consent, and how the legal system addresses these sensitive issues.

The text on this page is created, in the most part, using Generative AI and so may contain errors or omissions. It is supplied to you without guarantee or warranty of correctness. If you find an error or would like to make a content suggestion please get in contact

The text on this page is licensed under a Creative Commons Attribution-NonCommercial-ShareAlike 3.0 New Zealand