Law change better protecting children’s rights in sexual violence cases welcomed

Chief Children’s Commissioner Dr Claire Achmad says legislation passed last night to strengthen protections for young victims of sexual violence is a step in the right direction.

The Victims of Sexual Violence Bill amends the law so that children under the age of 12 cannot be questioned about whether they consented to sex.

“It was wrong that this provision was still in our law, so I’m pleased the Government led work to change this. It’s positive too, that there was support from many parties across Parliament for this change. When it comes to children and their rights, the best thing the Government and Parliament can do is to work together, putting children first. This is a good example of this,” says Dr Achmad.

The Chief Children’s Commissioner says that better protections for victims of sexual violence have been a long time coming.

“I’ve had the privilege of meeting with children and young people throughout New Zealand who are victim-survivors of sexual violence, and they talk to me about the systemic change that’s needed to protect their rights and help them heal.

“While there’s still much more to do, so that no child experiences sexual violence of any form, I strongly welcome the changes passed last night. They are important steps towards strengthening the rights of children and young people in court processes.

“I acknowledge the immense courage of victims, especially mokopuna survivors of sexual assault, who shared their lived experience to help shape the legislation,” she says.

“The changes to the law that recognise that mokopuna cannot consent to abuse, and that they should not be questioned or challenged about whether they consented to sex, are crucial to keeping them safe from re-traumatisation.”

In its submission to Parliament on the Bill, Mana Mokopuna – Children and Young People’s Commission supported the Bill’s overarching goal to amend the Crimes Act 1961 to give victim-survivors of sexual assault more agency in court processes.

“I also advocated for stronger protections for mokopuna aged 12-16 years in these court processes, and training and education for the legal sector and judiciary to ensure they apply the legislation as intended,” says Dr Achmad.

“I hope that the changes passed last night signal continued commitment and action to recognise the rights and wellbeing of children and young people in all court processes affecting them.

“Supporting mokopuna to have agency in these processes and to be recognised as the children that they are is so important – both upholding their rights and in ensuring they can begin their healing journey,” she says.

ends

Editor’s notes

Mana Mokopuna – Children and Young People’s Commission is an Independent Crown Entity and is the independent advocate for all children and young people in Aotearoa New Zealand. The Chief Children’s Commissioner is the full-time, visible advocate for all children and young people, and is the Chair of the Mana Mokopuna Board.

Late last year, Mana Mokopuna published a report presenting the direct voices, experiences and solutions of children and young people who are victim-survivors of sexual violence and/or family violence. The report, A Place to Talk Peacefully, can be found here.

Chief Children’s Commissioner Dr Claire Achmad is available for interviews. For media enquiries, please contact:

Melissa Wastney, 029 909 2715