Logie Jan: Questions for Oral Answer — Questions to MinistersText is subject to correctionLogie Jan: Questions for Oral Answer — Questions to Ministers[Sitting date: 05 November 2013. Volume:694;Page:14319. Text is subject to correction.]9.JAN LOGIE (Green) to theMinister of Justice: Will she reconsider an alternative trial process for sexual abuse cases following Police statements that girls targeted by the Roast Busters group have not been “brave enough” to bring a complaint; if not why not?Hon JUDITH COLLINS (Minister of Justice): No. Alternative trial processes will not alter the fact that victims still need to come forward to make complaints and ultimately give evidence against an accused person. There are very serious concerns about how inquisitorial trial processes would work in this country. A lot of work has been done and is continuing to be done across the justice sector to find ways to make it less traumatic for abuse victims to lodge complaints and ultimately give evidence in court. I have here a copy of a police bookletInformation for Victims of Sexual Assault which is available on the police website and prepared with assistance from Louise Nicholas. It explains the support available for victims and makes clear statements about how they can be helped. As Louise Nicholas has said for these crimes to be dealt withthe girls do need to come forward and talk to police. I would counsel that member not to make comments that ultimately could result in trials being aborted.Jan Logie: Does she accept evidence that over 90 percent of sexual abuse victims do not make formal complaints often because they know they will be re-traumatised by the process?Hon JUDITH COLLINS: I am not sure that that can actually be labelled as evidence if the complaints have not been made. However I do accept that there are many people who are victims of sexual abuse who do not choose to take a complaint forward to police—and that is for a variety of reasons—and they are both male and female. But I also know that in this House we do not do victims any favour by interfering in police investigations and by possibly tainting trials.Jan Logie: Is justice denied to sexual violence survivors if the current pre-trial and trial system precludes them from making a complaint?Hon JUDITH COLLINS: I do not agree with that member’s assertion because she is presuming that the system currently precludes people from making complaints. Quite clearly it does not.Jan Logie: Against all the evidence. When it is clear from evidence that survivors fear the entire trial process and when they need to be brave enough to even make a complaint will the Minister be brave enough to look again at some of the real solutions that experts have given her?Hon JUDITH COLLINS: I actually find that question just so insulting and frankly it absolutely belittles this House. That member should think about it before she asks questions like that.Jan Logie: I raise a point of order Mr Speaker. That was a straight question and I would like an answer.Mr DEPUTY SPEAKER: And the member got a straight answer.Andrew Little: Will the Minister implement the recommendation of the Law Commission made in March this year to modify the law on evidence in sexual offence cases so that victims are not re-victimised when giving evidence on offences against them?Hon JUDITH COLLINS: No and the reason for that is that—as that member must well know because I made media comment at the time—we would then have an entirely different system of law for sex trials an inquisitorial system than we would for kidnapping trials which often go along with the sex trials. This would actually re-victimise victims by making them have to give evidence twice—not once.Andrew Little: In the face of the serious allegations of predatory gang-based sexual violation that have surfaced in the last 2 days why has her only response been to bring forward a bill that she first discussed nearly 6 months ago which merely discourages putting up images of such offending on social media?Hon JUDITH COLLINS: Well that member is again wrong. That bill the Harmful Digital Communications Bill was due to be tabled today. The first I knew about these disgusting events was yesterday after Cabinet. For him to imply that that is my response is absolutely disgraceful and frankly—Andrew Little: That’s exactly what I’m implying.Hon JUDITH COLLINS: Is that what it is? Well then he should stand up and apologise because the man clearly lacks the courage to say what he means.Rt Hon Winston Peters: I raise a point of order Mr Speaker. You would have heard the expression: “the man lacks the courage to say what he means.” That is unparliamentary—that is unparliamentary. We all know it and I want to know what you are going to do about it.Mr DEPUTY SPEAKER: In the manner in which it was phrased it is a reasonably frequent occurrence in this House. There are several layers beyond that which have been ruled out of order.Jan Logie: Will the Minister consider some of the other recommended solutions separate to an inquisitorial system such as specialist sexual violence courts independent sexual violence advisers or one-stop shops for sexual abuse survivors; if not why not?Hon JUDITH COLLINS: There are quite a lot of these services already available but I am always willing to look at what victims ask for. For instance we now have specialist Victim Support. We have no real limitation period on making a complaint. We have the victim’s identity automatically suppressed in any criminal proceedings. Victims do not have to face the accused; they can give evidence from behind a screen. They are allowed a support person with them in court while giving evidence and we have a dedicated sexual violence victims’ adviser to support victims. There is also counselling and financial support available. Actually for a member of Parliament to come to the House and say that there is nothing available for victims simply discourages victims from coming forward to the police. There is a lot available now and I would like them to come forward.