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NZ Sexual Violence Bill, currently before Parliament, looks to increase convictions by effectively revoking the defendant’s right to silence, and prohibiting types of evidence tending to indicate innocence.

N19864

June 26, 2021
128 upvotes
/r/LeftWingMaleAdvocates
https://thedailyblog.co.nz/2021/06/21/guest-blog-professor-felicity-goodyear-smith-faulty-assumptions-underpin-sexual-violence-bill/
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Title NZ Sexual Violence Bill, currently before Parliament, looks to increase convictions by effectively revoking the defendant’s right to silence, and prohibiting types of evidence tending to indicate innocence.
Author

N19864

Upvotes 128
Comments 66
Date June 26, 2021 5:53 PM UTC
(5 years ago)
Subreddit Posted in /r/LeftWingMaleAdvocates
Original Link https://old.reddit.com/r/LeftWingMaleAdvocates/comments/o8fmp6/nz_sexual_violence_bill_currently_before/
Archive Link https://theredarchive.com/r/LeftWingMaleAdvocates/nz-sexual-violence-bill-currently-before.1061025
https://theredarchive.com/post/1061025
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Comments

[–]Arguesovereverythin 57 points58 points59 points 5 years ago (25 children) | Copy Link

Has anyone else read the bill?

It sounds absolutely awful. From what I can tell, you basically can't ask about past sexual relationships of the accuser - even if it is a relationship with the accused.

Connecting with the article, if the accused person reasonably believed they had consent due to past interactions, this would not be admissable as evidence.

Don't get me wrong, I don't think someone automatically gives consent just because they had sex in the past. But refusing to let the jury even hear these details is pretty extreme.

[–]N19864[S] 42 points43 points44 points 5 years ago (1 child) | Copy Link

"extreme" is an understatement. It's evil and will cause for more injustice. Feminist have been pushing for this and worse for decades.

You know the law has been perverted so as defence cannot bring up the accusers false accusation history. I know it apples to the UK and Australia and I am confident that is the case Canada and will be the case for NZ with this law if not already the case.

Plea to High Court: sex case accuser cried wolf 12 times I am sure she is still walking the streets ready to destroy another persons life.

Feminists want to get rid of cross-examination, and provide pre-recorded video statements to court, no handing of social media data, and some go as far as no jury.

It's a two tier legal system.

Rape victims will no longer face cross-examination in court with testimony to be filmed instead

Appeal Court warns judges not to ‘cross-examine’ complainers in sexual offence cases in rejecting appeal against rape conviction

[–]DanteLivra 15 points16 points17 points 5 years ago (0 children) | Copy Link

It's time to not interact with women anymore, I have a life I want to keep, thanks.

[–]SprinklesFancy5074 10 points11 points12 points 5 years ago (8 children) | Copy Link

That said, I can kind of see where it's coming from.

For example, you could rape your girlfriend when she tries to break up with you, then use your relationship as evidence that it wasn't rape.

But barring evidence from the court isn't the way to go about this. Hiding the truth from jurors is never the way to go.

[–]LacklustreFriend 21 points22 points23 points 5 years ago (0 children) | Copy Link

We wouldn't make an such exception for any other crime or relationship. No one says you can't mention your friendship with a murder victim.

[–]Carkudo 15 points16 points17 points 5 years ago (0 children) | Copy Link

It's more important to avoid convicting innocent defendants than to avoid letting guilty ones go free.

[+]Uppmas -17 points-16 points-15 points 5 years ago (5 children) | Copy Link

Just because something is true doesn't mean you're allowed to present it as evidence. Here it's made an official ruling that mentioning past sexual history will be ruled as irrelevant.

Because it is basically irrelevant. If anything past sexual relationship with a person quite often precedes rape.

[–]bufedad 11 points12 points13 points 5 years ago (4 children) | Copy Link

Yeah, your relationship and history with your accuser is irrelevant /s

[+]Uppmas -10 points-9 points-8 points 5 years ago (3 children) | Copy Link

As to whether or not a rape has happened, yeah. If anything a relationship gives the precedence that sex has happened. So unhelpful for the dependant.

The only good evidence bar witness testimony is rape kit + bruising on the victim or the defendant unwittingly admitting to the rape in questioning.

Rest is pretty weak.

[–]bufedad 7 points8 points9 points 5 years ago (0 children) | Copy Link

As to whether or not a rape has happened, yeah.

Believe it or not, your sexual history can have a huge impact on whether a rape happened.

The only good evidence bar witness testimony is rape kit + bruising on the victim or the defendant unwittingly admitting to the rape in questioning.

A rape kit does not and cannot prove a rape happened. All a rape kit proves is sex happened. Period.

Hell, studies show that "experts" can't tell the difference between bruising in consensual and nonconsensual sex

[–]Admiralthrawnbar 3 points4 points5 points 5 years ago (1 child) | Copy Link

There are two aspects of proving rape. One, that the sex act happened and two, that it was non-consensual. If it can be established that previously the accused consented to sex that could very much be used as evidence while trying to prove a specific instance was consensual.

[–]lorarc 0 points1 point2 points 5 years ago (0 children) | Copy Link

That is not correct. You have to prove that accused knew it was non-consensual. The mens rea (guilty mind) is being discussed a lot lately but it's still there.

[–]Jolly_Yellow5354 0 points1 point2 points 5 years ago (2 children) | Copy Link

Did you?

In a sexual case, unless a Judge gives permission (on an application made under this subsection and in accordance with section 44A), no evidence can be given and no question can be put to a witness that relates directly or indirectly to—

(a)

the sexual experience of the complainant with the defendant (except to establish 1 or both of the following:

(i)

the mere fact that the complainant has sexual experience with the defendant:

So that means questions can be asked if it relates to the complainants sexual experience with the defendant. Beside that, It also states that questions about previous sexual partners and sexual disposition can be asked if a judge believes it is relevant.

I don't understand half the conclusions people are coming to on this thread. Maybe the legislation is a bit hard to digest. The bill is meant to make it less brutal for the complainants to come forward and speak about their experience.

[–]Arguesovereverythin 5 points6 points7 points 5 years ago (1 child) | Copy Link

That is the point we are arguing. The judge shouldn't make that decision before the questions are asked. When applicable, a judge shouldn't make that decision at all. A jury should.

[–]Jolly_Yellow5354 0 points1 point2 points 5 years ago (0 children) | Copy Link

It says that a judge gets to decide whether something is relative evidence unless it relates to the mere fact the they had sexual experience....

Regarding things that the judge actually decides. The jury can't make those decisions because they decide on guilty verse not guilty. Imagine some irrelevant evidence is brought forward (that they get to decide is relevant or not). Say the jury believes it's irrelevant evidence. That evidence should now be completely ignored when making a final verdict, but we humans are prone to cognitive bias. Say the evidence that was deemed irrelevant related to sexual disposition; the persons kink is anal with woman (pegging), but the man who raped her took her in the ass without her permission. The jury can still remain biased to this fact. This information is irrelevant yet it will still to an extent be have some effect in the final decision of the jury. Is it not better that they don't hear this relationship/disposition at all? Imagine again for another example that the person who is raped has raped someone themselves. Although this is irrelevant to the case, the jury is only human and don't you think they would have less empathy for a rapist being raped?

Look I think that it shouldn't be up to one single judge to make the decision on whether information is irrelevant, maybe it should be at group of 3 that need to vote unanimously, but it's far better than a jury of average people who are prone to the poisoning the waterhole fallacy. So whatever the case, the people who decide whether something is relevant or not should have no say in the final verdict unless they can be entirely unbiased.

Imagine you've been raped. (I'm assuming you're a man and I apologize if that's not the case). The stigma surrounding a man being raped is pretty fucked. Could you imagine getting up on a stand and being chewed out? Invalidated? All your history dragged up? Your kinks brought into a courthouse? You've been traumatized and now you going to be traumatized again as you're invalidated and dragged through the mud. A lot of this secondary trauma can be avoided by keeping the questions relevant. Secondly we can go a step further and not need to go into the court house. Simply send in videos as they are required.

Tbh with you I'm proud of what my country is doing. The way things are without this current bill passed, as a male with severe anxiety, I can tell you if I were raped I would not be able to face a day in court. Or atleast the thought of my sexual life inside and outside close doors being marched around for the world to see is enough to send me into a panic. My rapist already has a high chance of getting away with their crime because of the current stigma, but now there's next to no chance because I can't bring myself to get up on a stand to be chew out. Do some woman not have that same experience and fear?

If we set aside the fact that some fucked up individuals lie about being raped, this system is to help allow more people who were genuinely raped to come forward. That's how convictions are going to be increased. I don't like that I'm seeing people in this thread saying "they're trying to increase convictions, that's disgusting" etc. As if they are trying to convict more people of rape who didn't commit it. That idea is so stupid it feels like you're intentionally taking it this way just to be offended. If not then you really need to check your biases. OP I don't think this relates to you.

I would be interested to hear your thoughts. There may be areas I didn't explain myself very well.

Kia ora

[–]OkLieThen -9 points-8 points-7 points 5 years ago (9 children) | Copy Link

you basically can't ask about past sexual relationships of the accuser

This is bad how? Though one should ask about past sexual relationship with the accused though.

[–]bufedad 5 points6 points7 points 5 years ago (6 children) | Copy Link

This is bad how?

You cannot establish patterns of behavior of you aren't allowed to talk about past behavior

[–]OkLieThen -6 points-5 points-4 points 5 years ago (5 children) | Copy Link

Its like you didn't read the second sentence.

[–]bufedad 4 points5 points6 points 5 years ago (4 children) | Copy Link

2 reasons.

1) no law stops from asking about the accused sexual history. 2) it wasn't the topic of discussion

[–][deleted] 5 years ago (3 children) | Copy Link

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[–][deleted] 5 years ago (1 child) | Copy Link

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[–]a-man-from-earthleft-wing male advocate[M] 0 points1 point2 points 5 years ago (0 children) | Copy Link

Removed as rule 7 violation.

[–]Arguesovereverythin 5 points6 points7 points 5 years ago (1 child) | Copy Link

"If the jury had less information, they would be more likely to convict" is a terrible rationale for a law. Here is a clear cut example:

Let's say that it is common for you and your girlfriend to have sex in the morning. Sometimes you wake her up, sometimes she wakes you up, but both of you do it and both of you have always been fine with it in the past. Neither of you explicitly ask for consent, but the fact that both of you do it to each other implies acquiescence.

However, let's say one night your girlfriend goes to bed angry with you for working too late. You sneak into bed, wake her up as usual, but she is still angry and pushes you off. You stop.

Is this rape? We don't have to answer this now. I think a jury is capable of hearing all of the information and deciding whether you broke a law, whether you should go to jail receive a fine, and whether you should be placed on a list/have a criminal record.

However, if this law passes, all that the jury would be allowed to hear is "I woke up and he had his tongue inside me". Without any context of the dating relationship, how can the jury make a fair determination?

[–]OkLieThen 0 points1 point2 points 5 years ago (0 children) | Copy Link

Did you not read the second sentence? As my second sentence literally agrees/sides/said what you are saying. I get you all want the guy to have a defense but the woman needs and equatable offense. Ie the two sides need to be balanced.

[–]ProjectKaycee -1 points0 points1 point 5 years ago (0 children) | Copy Link

Honestly I've been thinking that men should focus on themselves more these days and have sexual discipline. When women see that men are no longer focused on them, these silly laws and the current culture are going to be done away with.

[–]jostyouraveragejoe2 39 points40 points41 points 5 years ago (23 children) | Copy Link

Meanwhile they tell us how rare false accusations are and that we shouldn't worry about it.

[–]Huge-Title4888left-wing male advocate 16 points17 points18 points 5 years ago (21 children) | Copy Link

The problem is that it's happening when it shouldn't happen AT ALL. They don't realize the significantly appalling affect it has and how it vastly perpetuates stigma that SA victims endure, not to mention how false accusations are a part of rape culture. False accusations completely destroy the lives of men (and women) who are falsely accused and a lot of those falsely accused commit suicide because of it.

[–]OkLieThen -8 points-7 points-6 points 5 years ago (20 children) | Copy Link

The problem is that it's happening when it shouldn't happen AT ALL.

No crime should be happening yet it does. That said false rape statistically is on the "rare" side. But as you mention the affects of it is what really what makes it worse.

False accusations completely destroy the lives of men

It has led to men being killed and committing suicide.

[–]a-man-from-earthleft-wing male advocate 14 points15 points16 points 5 years ago (1 child) | Copy Link

That said false rape statistically is on the "rare" side.

A lot more common than false accusations for most other crimes. According to the FBI there are over 5000 reports that are determined false every year. And that's just the US.

[–]suzuki1369 5 points6 points7 points 5 years ago (0 children) | Copy Link

Key word, "determined". If 10% are proven false, and 10-15% are proven guilty, that leaves 75-80% of cases that could go both ways. We may never know how common false accusations actually are, because it is hard to prove anything with this type of crime.

[–]bufedad 7 points8 points9 points 5 years ago (7 children) | Copy Link

That said false rape statistically is on the "rare" side

2.17% of reported rape accusations are proven true.

Between 2-10% of reported rape accusations are proven false.

What makes you think false accusations are rare?

Furthermore? Rape accusations not reported to police aren't MORE likely to be true.

[–][deleted] 5 years ago (6 children) | Copy Link

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[–]bufedad 6 points7 points8 points 5 years ago (1 child) | Copy Link

So rapes only proven in court are the only rapes to be considered real rapes?

They are the only accusations that have been proven true.

Just like those proven false are the only ones proven false.

That leaves 90% of those reported that have neither been proven true nor false. Anyone who claims to know whether those are true or false is a liar.

[–]bufedad 6 points7 points8 points 5 years ago (2 children) | Copy Link

Uh by going by rape stats/studies like that from the CDC. There's nothing proving false rape claims are rapment or highly common. You clearly want to twist stats.

The CDC studies are self reported. Remember, Jackie Coakley (UVA fame) was included in unreported rape statistics by the CDC, but will never be included in proven false accusations.

[–]OkLieThen -3 points-2 points-1 points 5 years ago (1 child) | Copy Link

So?

[–]bufedad 0 points1 point2 points 5 years ago (0 children) | Copy Link

Are you asking why false accusations being included in the CDC's statistics and not in any false accusation statistics matters to a discussion about CDC statistcs?

[–]a-man-from-earthleft-wing male advocate[M] 1 point2 points3 points 5 years ago (0 children) | Copy Link

You clearly want to twist stats.

Removed as rule 7 violation.

[–]Huge-Title4888left-wing male advocate 3 points4 points5 points 5 years ago (9 children) | Copy Link

I never said anything about other crimes. Obviously crime shouldn't happen in the first place but we are not talking about other crimes, we are talking about false allegations. Regardless of how rare it is, it shouldn't be happening. And everything about false allegations is disgusting; the affects encompass everything wrong with them which is why I mentioned it. Yes, no shit it has led to men commuting suicide. It's why I mentioned it. Again.

[–][deleted] 5 years ago (6 children) | Copy Link

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[–]Huge-Title4888left-wing male advocate 0 points1 point2 points 5 years ago (0 children) | Copy Link

Ya I know, I don't even know why I'm bothering lmao

[–][deleted] 5 years ago (4 children) | Copy Link

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[–]a-man-from-earthleft-wing male advocate[M] 1 point2 points3 points 5 years ago (0 children) | Copy Link

Removed because gatekeeping. Use the report button instead.

[–]OkLieThen -3 points-2 points-1 points 5 years ago (1 child) | Copy Link

I never said anything about other crimes.

Ya I know. But you and others hyper focusing on fasle rape claims doesn't help you any especially when you don't focus on male rape victims.

it shouldn't be happening.

Neither should any other crime. Don't know why you single out false rape claims.

[–]Huge-Title4888left-wing male advocate 1 point2 points3 points 5 years ago (0 children) | Copy Link

Nobody is hyper focusing on anything; this is an isolated post regarding false allegations. This is one of the main discourses of male advocate groups because of how societally disregarded the topic is but that doesn't mean it's the only topic that is acknowledged, and it isn't even as fixated on as much as male rape cases so I have no idea where you got that bold claim from but you're absolutely wrong. Don't make gross assumptions considering the fact that I literally (and the vast majority of male advocates) talk more about male SA victims than false rape claims. This is literally one of the few times I've seen a post regarding the topic of false rape allegations on a male advocate group (specifically speaking, this one) because we all know that male SA victims are more common than male victims of false allegations.

BECAUSE WE ARE TALKING ABOUT FALSE RAPE CLAIMS. WE ARE NOT TALKING ABOUT OTHER CRIMES. WE ARE DISCUSSING A SINGLE ACT OF CRIMINALITY, NOT ALL.

[–]thereslcjg2000left-wing male advocate 7 points8 points9 points 5 years ago (0 children) | Copy Link

That’s just a derailing tactic anyway. Even if that were true (which there’s little evidence for; it’s simply an assumption made due to a lack of evidence for any reliable statistic), that wouldn’t negate the importance of due process. Whether or not someone deserves justice is not dependent on how many people like that someone there are.

[–]Deadlocked02 36 points37 points38 points 5 years ago* (0 children) | Copy Link

Has anyone here actually seen some suggestions by women’s rights groups about rape cases that didn’t involve empowering the accuser at the expense of the accused’s ability to defend themselves? I honestly haven’t. At least not lately. Even if you go to places where feminists are willing to discuss in good faith with men’s rights activists and acknowledge that false rape accusations indeed exist and aren’t “as rare as get struck by a lightning”, they’ll still go around in circles and end up making the same suggestions as their sisters who minimize such accusations. It always boils down to believing her word 100%, even if they say it in different ways. It’s like they want rape cases to have the same conviction rates as, let’s say, murder, except that never gonna happen, as tragic as it is (not only for them, but for countless men too). Offenses like sexual assault will never leave behind the same evidence trail as murder or a robbery in broad daylight. No, that doesn’t excuse things like bad work ethics from police officers, but it’s still a hard pill that feminism and all the conservative sphere, in their eternal crusade to protect women from evil men, need to swallow. Everyone deserves a fair trial and sending innocent men to jail is not a price worth paying so you can feel safe.

[–]helloiseeyou2020 62 points63 points64 points 5 years ago (0 children) | Copy Link

Lol, a proposed law that will decrease the ability of innocent men to defend themselves that has its worst impact on minority men.

now watch supposed lefties champion this as "progress"

[–]N19864[S] 25 points26 points27 points 5 years ago (1 child) | Copy Link

There are some data around false convictions. Robust statistical analysis of post-conviction DNA testing in Virginia, United States, found that 8-15% were factually innocent. Although 29%t of the Virginian population is African American, 60% of those convicted were of this ethnicity. Similarly in New Zealand, 16.5% of our population but 32% of all sexual offence convictions are Māori. A law that prevents accused defending themselves must further disadvantage innocent, but poorly-resourced Māori, potentially worsening this inequity gap.

I have given expert evidence for both prosecution and defence, and I have published widely in this area. From 1994 until 1999 I led Casualties of Sexual Allegations, a national organisation which documented hundreds of false allegation cases, and supported the accused and their families through their harrowing experiences.

[–]greekcomedians 1 point2 points3 points 5 years ago (0 children) | Copy Link

Can you send me the link to that study?

[–]iainmf 8 points9 points10 points 5 years ago (0 children) | Copy Link

It is completely unjust to have the goal of increasing convictions.

I wish I had the time to look into this more but I can't do advocacy for every issue. I've already got a few things on the go. EG A complaint against the NZ human rights commission.

[–]DanteLivra 7 points8 points9 points 5 years ago (1 child) | Copy Link

Less possibilities for a fair defense means more men will get convicted. Criminal stats relative to sexual violence will go up. Feminists outrage over the fact that those stats go up, proceed to use those same stats to justify more infringement of rights.

They don't want to help female victims, they want to punish men as a whole.

Teach men that they too, have the right to consent. Teach men that they too, have the right to a shelter against sexual violence.

Watch those crimes vanish, that's what feminism should have done and that's what female victims need.

[–]a-man-from-earthleft-wing male advocate 2 points3 points4 points 5 years ago (0 children) | Copy Link

they want to punish men as a whole

Even more than that, I think they simply want power, and the money that comes with that.

[–]Carkudo 5 points6 points7 points 5 years ago (0 children) | Copy Link

Going by the spirit of the law, shouldn't the existence of such restrictions introduce more "reasonable doubt" into any trial, thus pushing judges to convict less? And if it doesn't, does that fact not undermine the whole notion of reasonable doubt as a factor in making judgements?

[–]hardturkeycider 3 points4 points5 points 5 years ago (0 children) | Copy Link

Eh. In their eyes it's "removing a rapist's right to throw shade on a victim". Without specific cases in mind, i'm reluctant to see that change as good or bad. However, removing the right to remain silent is pretty wrong.

[–][deleted] 5 years ago (7 children) | Copy Link

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[–]weirdwriter123 1 point2 points3 points 5 years ago (0 children) | Copy Link

I see more men support policies like this rather than speak up against the. Worst of all, policies like this don't just negatively affect men, they affect everybody. Men AND women can also get falesly accused of rape. Imagine a scenario where someone thinks and accuses Person 1 of raping them in their sleep, but instead it was Person 2. Person 2 gets let of scott free, whilst Person 1 is sent to prison for a crime they didn't commit.

[–]helloiseeyou2020 -2 points-1 points0 points 5 years ago (3 children) | Copy Link

You need therapy. There are literally thousands of things you can do without engaging in politically motivated violence, for fuck's sakes.

Dont say you have "little or no choice" when you have likely done no advocacy work whatsoever. You are being the exact kind of person feminists try to smear the entire men's advocacy movement as.

Do better.

[–]Fast-Mongoose-4989 4 points5 points6 points 5 years ago (2 children) | Copy Link

Look sorry if I upset you. there are things I'm doing I'm planning to valinter at the soup kitchens again once this covid stuff dies down plus I'm asking random men and boys if there ok. I'm looking into what little services there are for men so I can recommend them to some random guy I meet who neads them. It's not much but I'm doing something on top of helping my mom look after my sisters kid.

[–]helloiseeyou2020 1 point2 points3 points 5 years ago* (1 child) | Copy Link

Those are all very good things that will make a big difference in the world around you, especially added up over the course of your entire life. When the world reopens, spend more time doing positive things like that and less of it being upset on the internet - it does none of us any good, especially not yourself.

You only upset me because you were literally inciting violence with your last post, meanwhile acting like there is "no other choice" when it was obvious you hadnt tried anything else yet

Which is, in addition to very unhelpful and unhealthy thinking, playing directly into the hand of radical feminists that want to convince the general public that male advocacy = terrorism. Your comment did harm to a legitimate men's movement, just like false accusers do damage to the credibility of real victims.

[–]Fast-Mongoose-4989 2 points3 points4 points 5 years ago (0 children) | Copy Link

You're right sorry about that

[–]a-man-from-earthleft-wing male advocate[M] 0 points1 point2 points 5 years ago (1 child) | Copy Link

Removed as rule 10 violation. This case is a bit borderline, but I'm erring on the side of caution, because I do not want to give the admins any reason to shut us down.

[–]Fast-Mongoose-4989 0 points1 point2 points 5 years ago (0 children) | Copy Link

No problem I understand sorry for any inconvenience I caused you.

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