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
The person accused of the crime.
View the full glossary 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
The release of a person from custody on conditions, including that they go to court
View the full glossary ; 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
Your main contact person with the police for your case.
View the full glossary will guide you through this. Your full evidence
Various things presented in court to prove an alleged fact i.e videos, witness statements.
View the full glossary may be recorded prior to trial. This will be explained to you by the police officer in charge.
In pre-trial hearings, the defendant
The person accused of the crime.
View the full glossary will be asked whether they plead guilty or not guilty. Their plea
A formal answer to a charge e.g guilty or not guilty.
View the full glossary determines what happens next.
If they plead guilty then there's no trial, you won't need to give evidence
Answering questions about what happened to you.
View the full glossary and the case will go to sentencing
This is when the Judge decides what happens to the offender if they've pleaded or been found guilty.
View the full glossary . If the defendant pleads
A formal answer to a charge e.g guilty or not guilty.
View the full glossary 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
The person accused of the crime.
View the full glossary stays in custody, or is released in between court appearances. This is called bail
The release of a person from custody on conditions, including that they go to court
View the full glossary 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
Twelve people from the community who decide if the person is guilty or not guilty.
View the full glossary , but the defendant
The person accused of the crime.
View the full glossary may choose a Judge-alone trial.
For young people
A boy or girl aged 14, 15, 16 or 17
View the full glossary 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
The person accused of the crime.
View the full glossary will be in court throughout the trial and this includes when you’re giving evidence
Various things presented in court to prove an alleged fact i.e videos, witness
A person who tells the court about what they have seen, heard or experienced.
View the full glossary statements.
View the full glossary . 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
Answering questions about what happened to you.
View the full glossary (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
The lawyer who presents the case against the person accused of a crime.
View the full glossary or your Sexual Violence Victim Advisor
Specialist worker who helps people through the court process.
View the full glossary will speak to you about how you'd prefer to give your evidence and notify the court if you want to give your evidence
Answering questions about what happened to you.
View the full glossary 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
Specialist worker who helps people through the court process.
View the full glossary or police officer in charge
Your main contact person with the police for your case.
View the full glossary 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
A person from a specialist sexual violence agency who can help support you
View the full glossary . 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
The person accused of the crime.
View the full glossary '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: He's a man, if he really didn't want it to happen he could have stopped it...FACT: There's no 'normal' reaction to sexual violence; some people may fight back and others might freeze. Some may be manipulated or threatened into sexual violence - anyone can be a victim.