Logie Jan: Questions for Oral Answer — Questions to MinistersText is subject to correctionLogie Jan: Questions for Oral Answer — Questions to Ministers[Sitting date: 06 November 2013. Volume:694;Page:14401. Text is subject to correction.]8.JAN LOGIE (Green) to theMinister of Justice: When she said in response to whether the pre-trial and trial process precludes some sexual violence victims from complaining “quite clearly it does not” did she mean that few sexual violence victims are deterred from complaining by the process itself?Hon JUDITH COLLINS (Minister of Justice): That member has misquoted herself from yesterday. The question she asked was: “Is justice denied to sexual violence survivors if the current pre-trial and trial system precludes them from making a complaint?”. Now she is trying to suggest that she put in the word “some”. Quite clearly the answer which I see from yesterday was that it does not for all victims because some people do in fact proceed with complaints they go right through the court process and the accused is found guilty. I am happy to table that member’sHansard if she cannot remember what she said.Mr SPEAKER: Order! There is no need for that.Jan Logie: Thank you for the clarification Minister. Does she agree that the system at least contributes to the Ministry of Justice finding that only 9 percent of sexual violence offences are reported to the police and to the widespread view of lawyers and police that the process is “not healthy for complainants”?Hon JUDITH COLLINS: I think we can all realise that anybody who lays a complaint of rape is going to go through a very difficult time and that is why we have gone to such efforts to make sure that there is in fact a tremendous number of support mechanisms around these victims both male and female. I think we need to labour that point that not all victims of sexual abuse are women. In fact young men older men and people who are vulnerable can be subject to this abuse.Jan Logie: I seek leave to table a statement by defence lawyer Paul Dacre saying that he would never advise a member of his family to participate—Mr SPEAKER: Order! Enough of a description has been made. Leave is sought to table that statement by a lawyer. Is there any objection to that course of action? There is not. It can be so tabled.Document by leave laid on the Table of the House.Jan Logie: Will she consider a specialist sexual violence court and an alternative process for sexual offence cases both of which received “very strong support” from judges lawyers sexual violence support services and the public who submitted on the Law Commission’s work on alternative trial processes?Hon JUDITH COLLINS: As the member has relayed it it is a very finite sort of question that she has asked. In fact this is a very complex issue. I am happy to run through with her the differences between an adversarial and an inquisitorial method ofjustice and why it would be wrong to completely change our system of justice in relation to one particular sort of offence and not to another. I know that there is work going on in the Ministry of Justice to deal with some of the issues that have been raised and we are constantly looking at ways we can help victims of sexual abuse to be able to come forward and to get the help they need.Jan Logie: I raise a point of order Mr Speaker. That did not address my question. I gave—Mr SPEAKER: Order! I listened very carefully to the question and the answer in my opinion certainly addressed the question. If it is not to the satisfaction of the member the member can use supplementary questions.Andrew Little: Why did the Minister say in answer to a question from me yesterday that she would not implement the recommendation of the Law Commission in March this year when that recommendation modifies the cross-examination process for victims of sexual offences merely by requiring questions to be posed to the victim to be lodged with the trial judge in advance of the trial?Hon JUDITH COLLINS: Actually that was not the question the member asked yesterday.Andrew Little: Yes exactly that is what it was.Hon JUDITH COLLINS: No he referred to the recommendations about particular sorts of evidence.Andrew Little: I’ve got the transcript Minister.Hon JUDITH COLLINS: I have got the transcript too and that is not actually—the member was confused in his question and of course I have already said that we are looking at this issue.Andrew Little: Does she accept that the way trials of sex offences are conducted is often intimidating to victims that changes need to be made to ensure that sexual crimes can be prosecuted and that this can be done without compromising the fundamental principle of criminal trials that a defendant is entitled to hear in full the allegations being made by his or her accuser?Hon JUDITH COLLINS: I would say to that member that actually the most traumatic thing for a rape victim is being raped and then to have to go through a process to have their day in court and to hold their accuser to account is a very difficult—Andrew Little: So you don’t want to change anything.Mr SPEAKER: Order!Hon JUDITH COLLINS: It is actually really abusive to have that sort of language from that member. But having said that—[Interruption]Mr SPEAKER: Order! The question was asked and the Minister is entitled to answer.Hon JUDITH COLLINS: —not only is it very important that we consistently look at how we can make it less difficult for victims to come forward to have their day in court but also we need to be able to preserve the fairness of a trial because we will not and we should not encourage miscarriages of justice.Jan Logie: Is it true that although she is not to blame for the system the Law Commission the Ministry of Justice and her predecessor Simon Power have outlined multiple ways to make it better for victims; if so will she please put this work back on the Law Commission’s agenda so that she can properly consider the options?Hon JUDITH COLLINS: I am happy to give that member a briefing but I am also happy to answer her question. Actually there are lots of things that we both the ministry and I are doing and working on at the moment relating to these matters. But I am not going to take a holus-bolus approach that attempts to impose an inquisitorialsystem into our adversarial system for certain matters. As that member is now so interested in victims I wonder why it is that her party never voted for the public safety—Mr SPEAKER: Order! That is not going to assist the order of this House.Jan Logie: I seek leave to table the summary of the Law Commission’s alternative trial processes outlining three proposals—Mr SPEAKER: Order! The summary of any document from the Law Commission will certainly be available to all members.