New Zealand's rape shield and the need for law reform to address substantial harm: When politics and the law must address social injury

Abstract

Section 44 of the Evidence Act 2006 is New Zealand’s “rape shield” that restricts certain questions being posed to the complainant during cross-examination. This paper analyses this provision, focusing on its legislative reform history. Sexual violence is a criminal area in New Zealand in need of reform and consideration. The criminal justice process is stacked against complainants due to the adversarial system, societal misconceptions and limited protective mechanisms. This issue is a social issue as well as a legal one. In this paper I offer a critique of the current criminal justice process and outline how work in this area could directly address the most pressing concerns for complainants of sexual violence. I argue that more work in this area is necessary. I finish the paper with an analysis of what section 44, its history and its limitations, illustrates regarding law reform.