Mr Mclay Sees Rape Laws As Century Outdated (Press, 28 July 1983)

On 28 July 1983, during a speech to the Wellington District Law Society, Attorney-General Mr McLay addressed the inadequacies of current rape legislation in New Zealand. He challenged the predominantly male audience to consider their feelings if they were victims of rape, even in instances of homosexual rape. Mr McLay voiced strong sentiments regarding the average sentence for rape, which he described as being unacceptably low at four years. He highlighted that while four years might sound reasonable, many offenders received sentences as short as six months, and alarmingly, 42 per cent of convicted rapists served less than three years and nine months. Mr McLay was set to introduce a comprehensive review of the rape laws to Parliament later in 1983. He suggested that current laws, some of which date back over a century, are significantly outdated. In particular, he questioned the long-standing corroboration rule, which assumes that rape victims are likely to lie about their experiences. He argued that this requirement should not apply to every case, expressing his personal view that it should not be necessary for judges to instruct juries to seek corroboration in all circumstances. He portrayed rape as a grave violation—an intrusive attack on a woman's most intimate privacy, often leaving lasting emotional and physical scars. The Attorney-General expressed his dismay over community sentiments that four years is insufficient punishment for such a heinous crime. He pointed out that despite the maximum sentence being 14 years, he had never encountered a case resulting in a sentence longer than nine years. Mr McLay cautioned against the rise of vigilante justice born from public frustration, acknowledging that although neighbourhood networks aimed at protecting women are commendable, they can easily devolve into groups taking justice into their own hands. He recounted troubling reports of elderly women, aged in their seventies, eighties, and even nineties, being attacked and raped in their homes. He candidly shared his own feelings, stating that if a family member were victimised in such a way, the offender would be lucky if law enforcement apprehended him first. His remarks underscored the urgent need for significant reform in how rape is prosecuted and punished in New Zealand.

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