There's a lot that happens leading up to the trial, including court appearances for the defendant (but not you, usually). Your police officer in charge or specialist support person will keep you informed, but there'll be times when progress might seem slow.
Closer to the time of the trial a Sexual Violence Victim Advisor will be in touch to offer you support and to organise a visit to the court to get familiar with the surroundings. Also, police may ask you to refresh your memory by re-reading your statement and watching the interview they recorded earlier.
You'll meet the prosecuting lawyer who presents the case against the person accused of the crime. They'll explain the court process and discuss how you're going to give evidence. They can't talk to you about your actual evidence.
"It was 16 months from when I went to the police initially until it went to court. It was a long wait."
- Anonymous victim-survivor
The lead up to the trial is likely to be stressful and there are several ways you can get support:
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:
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.
Continue to The Trial Itself
MYTH: She said it happened years ago but if it really happened she would have said something earlier...FACT: Victim/survivors react in different ways. They may not immediately report for lots of reasons like they're scared, embarrassed, in denial, or if they know the offender, may not want to get them into trouble