What happens before the trial? Ka ahatia i mua i te whakawātanga.

The lead up to the trial is likely to be stressful and there are several ways you can get support:

• The police officer in charge will help support you leading up to and during the court process. They’re responsible for the criminal investigation including gathering and reviewing the evidence. They'll give this information to the prosecutor who will present it in court. They’ll also make sure witnesses are available and are prepared to give their evidence. Another important part of their role is to keep you informed about the case and explain the court process. 
• A Sexual Violence Victim Advisor will get in contact with you, once the defendant has made their first appearance in court. The Court provide Advisors who offer a free, supportive and confidential service that'll help you understand the court process. They can help you prepare for your role as witness, but they can’t get involved in the case. So, they can give you an idea of the questions you might be asked, but they can’t tell you how to answer them. 
  
  They'll also explain the roles of court staff and what the legal terminology means, show you through the courtroom or the CCTV room and answer any questions you may have. Along with the police officer in charge and/or a specialist support worker, they'll help you with other ways of giving evidence if you're concerned about seeing the defendant in court.  They can also help you with your your victim impact statement.
• Specialist agencies. You can also contact a specialist sexual harm agency either through your Sexual Violence Victim Advisor or officer in charge or you can ask your family, friends or whānau to get in contact with an agency for you. A specialist sexual violence agency can help you in learning how to handle the strong feelings you might have about the case and the person who hurt you. They can support you leading up to, during and after the court process by explaining the court process and talking to you about how to conduct yourself in court while giving evidence. They can also help you with your victim impact statement.
• In-court support person. Before the trial, you’ll have the chance to think about having an in-court support person with you while you're in court. They sit by you while you give your evidence and answer questions, and can offer silent support only. It’s up to the Judge to approve the person you choose and your in-court support person cannot be someone who’s also going to be giving evidence in the trial. 
• Financial support. To find out about financial support(external link) that may be available, talk to your Sexual Violence Victim Advisor, police officer in charge, or your specialist support worker. They'll be able to point you in the right direction.

In the lead up to the trial the defendant may appear in court several times, but it's unlikely you'll need to. This'll be to determine things such as should they be kept in custody or are they allowed out on bail; is their name to be confidential; are they pleading guilty or not guilty; what kind of trial do they choose; etc. You may have an opportunity to influence some things, like bail conditions, and your police officer in charge will guide you through this. Your full evidence may be recorded prior to trial. This will be explained to you by the police officer in charge.

In pre-trial hearings, the defendant will be asked whether they plead guilty or not guilty. Their plea determines what happens next.

If they plead guilty then there's no trial, you won't need to give evidence and the case will go to sentencing. If the defendant pleads guilty then restorative justice may be offered(external link).

If they plead not guilty, then the case goes to trial. The defendant can change their plea from not guilty to guilty at any time. If they change their plea during the trial then the trial will stop and go to sentencing. 

The court will decide if the defendant stays in custody, or is released in between court appearances. This is called bail and usually comes with a set of conditions (like having no contact with you). Your concerns may be considered in setting those conditions. The court will also take into account the defendant's past record.

If they're not released on bail, they'll be kept in custody until their next court appearance.

The most common trial in these cases is a trial by jury, but the defendant may choose a Judge-alone trial.

For young people accused of committing sexual violence, the trial will usually be held in the Youth Court(external link). If the young person is Māori or Pasifika and admits to the offence, they may be referred to a Rangatahi or Pasifika Court(external link).

The defendant will be in court throughout the trial and this includes when you’re giving evidence. If you're worried about that the Judge might allow you to give your evidence in a different way.  The defendant has a legal right to see you while you give evidence (even if it's on a TV screen) but you don't have to see them.

There are a number of different ways to give evidence in court:

• from the witness box in closed court
• from the witness box, but with a screen between you and the defendant. You won't be able to see them while you're giving evidence, though they'll still be able to see you
• by closed circuit TV from another room in the courthouse
• by video link from somewhere else in New Zealand or overseas.

The prosecutor or your Sexual Violence Victim Advisor will speak to you about how you'd prefer to give your evidence and notify the court if you want to give your evidence in a different way. You can also choose to pre-record your cross-examination before the actual trial.

No matter how you choose to give your evidence you can ask for a break at any time. If you don't understand a question, you can ask for it to be said in another way - remember, you can take your time answering questions and you can have an in-court support person sit close to you. 

You have the right to speak Te Reo or use New Zealand Sign Language during the trial. Talk to your Sexual Violence Victim Advisor or police officer in charge and they will organise an interpreter for you. An interpreter can also be organised for you if English isn’t your first language.

If you need any other help with language, mobility or even in understanding what's going on, then please talk to your Sexual Violence Victim Advisor, police officer in charge or specialist support worker. They'll help you and organise assistance if needed.

Your name will be kept confidential, so you can't be identified outside the court in any way.  If you want to be identified, you can ask the Court to lift the name suppression. 

A reporter may attend the trial but they aren’t allowed to identify you in any way. If anyone breaches your confidentiality they can be charged with a crime and taken to court.

The defendant's name will only be supressed if they apply to the court and the judge agrees.  Your views may be considered when a decision is being made as to whether they get name suppression.