Usually, the trial will be held in the District Court and will be held in front of a jury. The trial may take several days, or longer depending on how complicated it is, including the number of witnesses.
There are a number of videos here to introduce you to the courtroom, the people you'll meet and what it's like to give evidence.
It was very formal. I wasn't expecting it to be so formal.
- Anonymous victim-survivor
You could be waiting around for a while before you give your evidence. You'll be in a separate area, and you might like to bring things to occupy you while you wait, like a book, as well as snacks.
In court, you're also allowed to bring a small comfort item such as a stress ball, pounamu or something else that may help reassure you – talk to your Sexual Violence Victim Advisor or police officer in charge about this first.
You'll be advised on what to wear, and being comfortable, and you might want to think about what impression your appearance can have on the jury.
You can also bring family, friends or whānau with you to court and they can wait with you in the witness waiting area. However, they can’t:
- talk to you about the trial.
- be in the courtroom while you give your evidence.
- talk to the defendant, witnesses, or members of the jury.
You'll be met at court by your Sexual Violence Victim Advisor,police officer in charge and/or a specialist support person. They will arrange this with you and check that you have transport etc.
When arriving at court you'll go through court security which has electronic screening (just like at airports). Everyone going into the court has to do this. You'll then be taken to a separate area where you'll wait until it's time to give your evidence. This is to avoid you bumping into the defendant and/or their family, friends or whānau and to give you some privacy.
Your friends, family or whānau can wait with you, though you can't talk about the case.
You'll find the trial isn’t like it seems on TV. It’s usually a lot quieter. You'll have been taken through the courtroom (or CCTV room) before the trial by your Sexual Violence Victim Advisor or police officer in charge.
Below, you'll find videos showing an example of a courtroom and the main people you'll see there so you can get a feel for their roles.
This is where you tell the court what happened to you. The judge might allow you to give your evidence so that you can't see the defendant when you're giving evidence. That might still be in the courtroom but with a screen between you and the defendant or via closed circuit TV from another room. You can also choose to pre-record your cross-examination before the trial.
Before you go to court it can be helpful to read your statement again and try to remember details about the crime, such as dates, times, descriptions and exact words used. Do not discuss your evidence with anyone else.
You might find giving your evidence hard but it’s normal to feel angry, embarrassed, whakamā, scared or overwhelmed – know that it’s okay to cry and you can ask for a break if you need one.
You'll be asked questions in court by the prosecutor and the defendant’s lawyer (called cross-examination). The judge might also ask you questions.
When answering speak slowly and clearly. Take your time. If you don’t understand a question you can ask for it to be repeated or explained. You can say if you don't know or can't remember.
If you feel yourself getting upset or distressed take some deep breaths or have a glass of water and try to relax, only continue when you're ready. You can ask for a break if you need one.
If the victim-survivor is a child they’ll usually give their evidence via CCTV rather than be in the courtroom. If you’re a parent or a caregiver talk to the Police Officer in Charge of the case or the Sexual Violence Victim Advisor about this.
In a jury trial once the judge has summed up, the jury will go to a separate room to discuss the verdict. Depending on the case, this could take between 2-8 hours though there can be exceptions. If it’s a Judge-alone trial then the Judge decides on the verdict.
There may be a number of charges, so there could be a combination of guilty and not guilty verdicts.
If the defendant pleads guilty or in some instances, found guilty, you may be given the opportunity to attend a restorative justice conference(external link). This usually happens before sentencing.
Mistrials:
The Judge may decide to stop a trial for several reasons e.g. a key witness, counsel, juror or Judge cannot continue, or the Judge believes the jury has been influenced in some way. If there's a mistrial the Judge may order a new trial with a new jury.
Sexual Violence Victim Advisors can provide you with information and support from the defendant’s first day in court, until sentencing and through any appeals.
You'll usually see the same advisor throughout the whole case. Your advisor can:
Your Sexual Violence Victim Advisor can help you by taking you through a court room before the trial and helping you with your victim impact statement, which tells the court how the crime has affected you.
After the trial, your Sexual Violence Victim Advisor can explain the court's decision and, if the offender is sent to prison, help you register on the Victim Notification Register(external link) so you can be told when the offender has parole hearings or is released.
Their service is free and confidential and you can call them on 0800 650 654.
You can read more about support available to you in Getting Support
The police officer in charge will help and support you leading up to and during the court process. They'll work with the prosecutor to prepare the case for the trial. A part of their role is to keep you informed about the case, explain the court process, and answer any questions you may have.
You can have someone in the courtroom with you to provide support while you’re giving your evidence – they’re known as your in-court support person. They can’t help you answer any questions but can offer you silent support.
You may be drawn to ask a family member or friend to do this for you. Before you do, consider the fact they'll hear all the details of what happened, and be there while you're questioned. They may hear things that upset them and they won't be able to reach out to you, or even show any emotion. So it's a tricky role for someone close to you to do.
Talk to your Sexual Violence Victim Advisor or specialist support worker support about who would be best to support you in court.
The prosecuting lawyer presents the case against the defendant. They must act fairly but will seek to prove that the defendant has committed the crime ( beyond a reasonable doubt
Tu‘unga ‘o e ngaahi fakamo‘oni ‘oku fiema‘u ke fakamo‘oni‘i ‘aki ha hia na‘e hoko
View the full glossary ). They'll present evidence to the jury by calling witnesses and may also produce photos,videos and other evidence to support the case. They'll ask you questions about what happened and may also call other witnesses.
You'll meet the prosecutor before the trial; they'll explain the court process to you and discuss how you're going to give evidence. They can talk to you about aspects of the trial but they can't talk to you about your actual evidence.
The prosecutor represents the Crown and the public and isn't your lawyer. The information they present in court is based on the case prepared by police.
The defence lawyer represents the defendant. They're defending them against the charges, and they'll ask you questions and call witnesses to help them do that.
The Judge has the important role of guiding the entire trial and making sure the process is fair and the law is followed.
The jury is made up of people drawn from the community. They decide whether the defendant is guilty or not guilty based on the evidence they hear in court.
The defendant will be in the court room when you give your evidence and will be able to see and hear you; even if you're behind a screen, via CCTV.
These two roles are both critical for supporting the trial, helping it run smoothly and ensuring everything is documented.
Continue to After the Trial.
I thought it was us against him but it's not. It's the Crown against him.
- Anonymous victim-survivor
MYTH: She's a sex worker, she can't be raped...FACT: Sex workers have the same right as any other person to give and withdraw consent. Consent for one thing, doesn't mean consent for everything.