Evidence Act fears disputed

Mark Burton

One News
April 24 2007

Burton: Strict rules on act changes

The government claims video records used as evidence in court will not be able to be copied.

The new Evidence Act, due to come into effect later this year, means video-taped interviews with the victims must be handed to the accused's lawyer before any trial. Up until now rapists, paedophiles and their lawyers could only watch video of victim interviews at police stations

National police coordinator for sex abuse cases, Detective Senior Sergeant Neil Holden, has expressed fear the law change could see sexually-abused children victimised again by their abuser, with video taped interviews of their evidence posted on the internet and viewed as trophies by abusers.

But Justice Minister Mark Burton says the Evidence Act also places stringent regulations on the storage of tapes. He says the legislation bans the release of the tape to the defendant and sets out that the use of video records must be in line with regulations.

Burton says the safeguards will ensure that the video evidence is only used to ensure a fair trial and then returned and that videos do not fall into the hands of defendants or anyone else.





Radio NZ
April 24 2007; 16:28

Court evidence safeguards under development - minister

Justice Minister Mark Burton says safeguards are being developed on the use of court evidence.

Police and sexual abuse experts are concerned offenders will have access to videotaped evidence from witnesses, which will be provided to defence lawyers under the Evidence Act.

But Mr Burton says the Justice Ministry is developing restrictions on the use of video recordings.

He says defence lawyers will be required to use secure storage, copying will be banned and material will have to be returned when cases are finished.

Mr Burton says the safeguards will ensure video evidence is used only to ensure a fair trial and does not fall into the hands of defendants or anyone else.





NZ Government
April 24 2007; 16:03

Video Evidence Under Scrutiny
Press Release

Video records used as evidence in court will be subject to a ban on copying and stringent regulations on their storage, use and return, Justice Minister Mark Burton said today.

The Evidence Act, which was passed in November though is not yet in effect, replaces most of the existing evidence law on the admissibility and use of evidence in court proceedings.

The new legislation provides for the provision of a copy of a video record to the lawyer for each party before it is offered in evidence, unless the Judge directs otherwise. The legislation does not authorise release to the defendant personally and sets out that the use of video records must be dealt with in line with regulations.

These regulations are currently being developed by the Justice Ministry and will be in place before the Act comes into effect later this year.

"I have instructed Justice officials to ensure that a number of restrictions are included in the regulations. These safeguards will ensure that the video evidence is only used to ensure a fair trial and then returned, and that the videos do not fall into the hands of defendants or anyone else."
The types of restrictions that will be put in place as part of the regulations around video records include:

· A blanket ban on copying the video record.
· Requiring secure storage of the video record.
· Return of the video record at the conclusion of the case.
· Specifying how the video record may be used.

The Justice and Electoral Select Committee, which recommended the inclusion of this provision when considering the Bill, was aware of the risk to confidentiality that video records may create and so recommended that regulations be made governing the copying, custody, and return of copies of video records. The Select Committee added the regulation making power to the Act, requiring lawyers for each party to comply with the requirements set out in regulations.




NZ Herald
April 24 2007; 13:20

Minister tries to allay fears about sex case videos
NZPA

Justice Minister Mark Burton says there will be strict regulations on videos used in court evidence after fears were raised that offenders would see them as trophies.

Mr Burton said video records used as evidence in court would be subject to a ban on copying and stringent regulations on their storage, use and return.

The Evidence Act, passed in November but not yet in effect, changes evidence law on the admissibility and use of evidence in court proceedings. It allows a copy of a video record to the lawyer for each party before it is offered in evidence, unless the judge directs otherwise.

Police and child abuse experts raised concerns that offenders such as rapists or paedophiles could prize the videos as trophies or get satisfaction out of them.

But Mr Burton said the legislation did not authorise release to the defendant personally and would be controlled by regulations being developed by the Justice Ministry.

"I have instructed Justice officials to ensure that a number of restrictions are included in the regulations," Mr Burton said.

"These safeguards will ensure that the video evidence is only used to ensure a fair trial and then returned, and that the videos do not fall into the hands of defendants or anyone else."

Regulations would include:
· Blanket ban on copying the video record,
· requiring secure storage of the video record,
· return of the video record at the conclusion of the case, and
· specifying how the video record may be used.




Newstalk ZB
April 24 2007; 12:04

Govt disputes Evidence Act fears

The Government claims video records used as evidence in court will not be able to be copied.

Justice Minister Mark Burton says the Evidence Act which will come into effect later this year, also places stringent regulations on the storage of tapes. He says the legislation bans the release of the tape to the defendant and sets out that the use of video records must be in line with regulations.

Mr Burton says the safeguards will ensure that the video evidence is only used to ensure a fair trial and then returned and that videos do not fall into the hands of defendants or anyone else.

National police coordinator for Sex Abuse cases, Detective Senior Sergeant Neil Holden, yesterday expressed fear the law change could see sexually-abused children victimised again by their abuser, with video taped interviews of their evidence posted on the internet and viewed as trophies by abusers.




Newswire
April 24 2007; 12:03

Safeguards On Court Evidence Being Developed

Justice Minister Mark Burton says safeguards are being developed on the use of court evidence.

Police and sexual abuse experts are concerned offenders will have access to videotaped evidence from witnesses, which will be provided to defence lawyers under the Evidence Act.

But Mr Burton says the Justice Ministry is developing restrictions on the use of video records.

He says defence lawyers will be required to use secure storage, copying will be banned and material will have to be returned when cases are finished.

Mr Burton says the safeguards will ensure video evidence is only used to ensure a fair trial and does not fall into the hands of defendants or anyone else.

200th DNA exoneration

Stuff
April 24 2007

US sees 200th DNA conviction reversal
Reuters

CHICAGO: A man convicted of rape in 1982 was exonerated on the basis of DNA evidence, the 200th time in the United States that such technology has reversed a conviction, lawyers who worked for the man said.

"I want to get on with my life. . . have a life," said Jerry Miller, 48, after an appearance in Cook County Circuit Court where a judge tossed out his conviction at the request of prosecutors.

The New York-based Innocence Project, which has pursued such cases, said it marked the 200th DNA exoneration since 1989. Miller, it said, served 24 years in jail before a parole. In all the 200 people exonerated by DNA evidence served 2475 years in prison for crimes they didn't commit, it said.

"They are just the tip of the iceberg. Nobody truly knows how many innocent people are in prison. Only a small fraction of cases involve evidence that could be tested for DNA and even among those cases, evidence is often lost or destroyed before it can be tested," the group said.

No substance to Dunedin rape claim

Radio NZ
April 22 2007; 23:58

Dunedin police say no substance to historical police rape allegation

The police in Dunedin say there's no substance to a historical rape allegation involving a Dunedin detective.
Investigate magazine has claimed the officer sexually assaulted a female court worker at a Christmas party in 1996.
But the area commander, Inspector Dave Campbell, says "key people" who were at the party, including the supposed victim, deny anything happened.
He says while the police were called and there were some concerns about the behaviour of an off duty officer at the party, there was never any suggestion of sexual activity and no complaints were laid.

Brethren issue sensible statement

Tony McCorkell, Church spokesperson:
"feel full force of law if guilty"
"innocent until proven guilty"


NZ Herald
April 24 2007

Brethren back 'full force of law' if member is sex abuser
by Jarrod Booker

An Exclusive Brethren member accused of abusing children decades ago should feel the "full force of the law" if the allegations against him are proven, the church says.
But spokesman Tony McCorkell has urged the public to give the man, in his 70s, the benefit of being considered innocent until proven guilty.
Police are gathering evidence from four women claiming abuse, in one case more than 50 years ago, and are yet to approach the Nelson man.
Superintendent Grant O'Fee said police would meet the man and church hierarchy when they had gathered sufficient information in the case.
"There's little point in interviewing the suspect until we have got all the facts in front of us."
Mr McCorkell said the church was still "pretty much in the dark" when it came to the allegations, other than the fact it was believed to be in an extended-family situation.
"We are having trouble with people coming forward and talking about it.
"We have asked the local people, with Brethren outside the town, to have a look and see what they can find out about whether the cases were raised 40-odd years ago or not.
"We certainly don't want to be seen as interfering in a police investigation."
In the meantime, the man had been asked to avoid going to church and being in uncontrolled situations where minors were present, Mr McCorkell said.
"The member will have to make his own defence as an individual. If he is found guilty, the full force of the law should apply to him."
Mr O'Fee said it was possible that others were still to come forward with abuse claims similar to those of the four women.
Mr McCorkell said the church was comfortable about anyone with abuse allegations complaining to the police.
"The church leadership is keen to hear of any issues, but it shouldn't be in place of going to the police."
Mr O'Fee said it would be weeks before "anything dramatic" happened in the case.

Support for Evidence Act changes

Gary Gotlieb - Barrister


Newswire

April 23 2007; 17:38

Sex abuse evidence move common sense, says lawyer

Allowing copies of witness evidence in sexual abuse cases to be provided to defence lawyers is nothing more than commonsense, says a barrister.
Under the Evidence Act, which was passed last year but is not yet in force, recordings of witnesses giving evidence in sexual abuse cases will now be provided to defence lawyers.
Police and sexual abuse experts say they are alarmed.
But defence lawyer Gary Gotlieb says being provided with copies of witness evidence will save time and taxpayer money.
Mr Gotlieb says concerns over security are unfounded because lawyers will continue to be vigilant when handling evidence.

Rape-Abduction allegation hunt

Three News
April 23 2007; 16:32

Police: Rapist will attack again if not caught

Police are sure the man, who abducted and raped a woman at knife point in West Auckland, will strike again if he's not caught.He approached the 28-year-old woman early yesterday morning, as she slept in her car after a night out drinking in Glen Eden.
Investigators believe the man, described as Polynesian, was loitering in the area before driving the victim to a nearby rugby club and raping her.
Detective Sergeant Megan Goldie is appealing to the public for information.




One News
April 23 2007

Hunt for West Auckland rapist

Police in Henderson are continuing their hunt for a Polynesian man who abducted and raped a 28-year-old woman in Glen Eden.
The woman was sleeping in her vehicle on Woodglen Road at 3am on Sunday when she was attacked.
The man pulled a knife on the woman, drove her to a nearby rugby league club and raped her.
Police spokesman Kevin Loughlin says he's a Polynesian man under 25 years old, with a number one haircut.
He's around 173 centimetres, of average build and clean shaven.
Loughlin says the man has a large eye-shaped tattoo with tribal patterns on the outside of his left thigh.
He says anyone who saw a blue Toyota Estima driving around Henderson and Titirangi on Sunday morning, registration ALA629, should contact police.

Preschool teachers ignore Ellis case

The Southland Times
April 14 2007

Making a difference
by Sophie Speer

Invercargill early childhood education teacher Mike Richards loves his job and could not imagine doing anything else.
Switching from pizza-maker to teacher about nine years ago was the best decision he has ever made, he reckons. The rewards were just as great for him as for his female colleagues.
Yet he's a statistical rarity.
Nationally there is a huge shortage of male early childhood education teachers, with just 132 men, and more than 13,000 women.
In 2005, male teachers made up less than 1 percent of the total teacher numbers, dropping from almost 1.5 percent in 1998 and more than 2 percent in 1992.
Mr Richards said he could not understand why more men were not entering the workforce, but thought false perceptions played a large role.
"(Children) need role models.
(They need to know) that men are okay and safe to have cuddles with.
That it's okay to come to a bloke if they hurt themselves."
With the long hours many parents were working, children were losing the male role models, which was a tragedy, he said.
"Some dads are working two jobs and just don't have time to spend with their wee ones."
The father of four said he had not been the victim of any sideways looks or nasty comments from parents or members of the public for being a male early childhood teacher, although he thought it helped he was married with children.
"It's never bothered me, I have had nothing but enthusiasm, motivation and encouragement from other teachers and parents," Mr Richards said.
Male teachers bring a different perspective to learning, and it was important for children to be exposed to that, he said.
Female teachers were often more cautious, whereas men were a bit more adventurous – while still staying safe, and create different games and scenarios, he said.
Boys require a different type of teaching and need active games to burn off their extra energy, but Mr Richards always made sure the girls got involved, too.
Pillow fights and rugby tackles were just some of the ways he kept the children active, he said.
"For too long boys haven't been releasing their energy and we (male teachers) know how that feels."
Last month, he was involved in the first early childhood education male teacher summit, held in Christchurch as part of the Early Childhood Council's annual conference.Called the "Kiwi Men Can Do Anything Summit", it focused on the issues surrounding the small numbers of male teachers and developing strategies for getting more men into the job.
The actions of a small minority have tainted the reputation of all male teachers, which was something they focused on at the conference.
"People kept bringing up (Christchurch early childhood teacher convicted of sexually abusing children) Peter Ellis until someone said 'stop'.
He doesn't need to ruin it for everyone," Mr Richards said.
He said for many the job can be isolating, being the only male teacher in a centre, or in training, but being able to get together with other teachers was encouraging and positive.Signs have been put up at Mr Richards' workplace, Kew Pacific Island Early Childhood Centre, encouraging fathers to give the job a go.
"I don't think people actually realise they can do this job. Men would be surprised at how much enjoyment and satisfaction you get out of this job," he said.
Mr Richards trained at the southern campus of the Dunedin College of Education after speak-ing with a student there and deciding it was something he wanted to do.
His first job was in Nelson at Grove St Kindergarten, before moving south to work at Kew Pacific Island Early Childhood Centre.
He said the centre was great because they have a strong focus on whanau and family.
"To me it's not a job, it's a lifestyle." He loves that every day is different and brings new challenges.
"I love the freedom of the job, and working with the kids. These kids at this age are so cool."
Because there is no set curriculum, the teachers can work with the children's specific interests.



Radio NZ
April 2 2007; 09:25

Call for childcare centres to make men feel more welcome

The Early Childhood Council says childcare centres must try to make men feel welcome and accepted if they are to increase the number of male workers.
A council conference in Christchurch at the weekend was told that men make up less than 1% of New Zealand's 13,000 early childhood workers or helpers.
The council's chief executive, Sue Thorne, says childcare staff are sometimes initially suspicious of male colleagues and can worry about how parents will react to a male teacher.
She says they need to accept that men can be positive role models.
Ms Thorne says a change in government policy and the way teacher colleges target male students is also needed.



Ministry of Education
April 1 2007

NZ's potential in early childhood education
Press Release

New Zealand is one of the worst countries in the developed world when it comes to numbers of men working in early childhood centres, but has the potential to be one of the best, says a visiting early childhood education expert.
Co-ordinator of the Resource and Training Centre for Child Care at the University of Ghent (Belgium) Jan Peeters said New Zealand's male participation rate of less than 1% compared 'very badly' with countries such as Denmark, Sweden, Scotland and Norway (which has achieved almost 10%).
Mr Peeters was in Christchurch this weekend (ending 01 April) to address the annual conference of the Early Childhood Council and to take part in a New Zealand 'working party' tasked with attracting more men into the New Zealand early childhood sector.
Mr Peeters said that based on what he had seen whilst in the country, 'New Zealand has, despite your recent bad performance, the potential to lead the world when it comes to the participation rate of men in early childhood education'.
Countries most successful in getting men into early childhood education had involved concerted action by Government, the teacher trainers and the centres, Mr Peeters said.
'This is because centres on their own cannot attract male teachers who do not exist. Teacher trainers train new teachers for no purpose if centres do not welcome them. And Government cannot succeed with policy if the teacher trainers and centres are not committed to delivering.
'That is why I am so optimistic about New Zealand. The workshop I have just attended was remarkable by world standards. You had senior people from Government, your Universities, and your childcare centres all sitting around one table as equals and all focussed on how to get more men into the sector.
'It would not happen that way in most countries. It was all very egalitarian, all very practical, very down-to-earth, very "this is the problem, now what do we do to fix it."'
Mr Peeters said his other reason for optimism about New Zealand was 'the seemingly astonishing achievement of your kohanga reo in attracting men to working in their centres'.
'I am told it has achieved about 30%' of its teachers being male, with about half of these qualified and half in training.
'That would mean that in New Zealand you have an approach to attracting men that is world leading, that is worthy of international study.'
It had been interesting to hear how kohanga had attracted so many men to early childhood teaching, because 'many of the techniques are exactly what international research suggests should be done'.
'I am told that from day one they encourage fathers to be involved with children at their centres, fathers are involved in managing the centres, and they recognise that Maori men have a special role with children that compliments the role of women.
'They identify what individual fathers can contribute to centres as soon as they can, then once they are doing volunteer work they encourage them to train as teachers. They also recognise the importance of grandfathers, and encourage them to take an active role.'
Mr Peeters said men brought 'major benefits' to the centres where they worked.
'They provide positive male role models for both boys and girls. They teach boys it is part of the male job description to be gentle and nurturing. They provide reliable male figures for children who do not have access to father figures.
'And they provide a new source of labour for a sector that is short of trained teachers.'
New Zealand has 13,609 women and only 132 men working in its free Kindgartens, childcare centres and in homebased care. (2005 figures) Since the early 1990s the percentage of men in the sector has halved from two to less than 1%.
Mr Peeters was brought to New Zealand by the Early Childhood Council to address its annual conference (held in Christchurch from 30 March to 01 April) and to attend an Early-Childhood-Council-convened workshop tasked with devising an action plan for getting more men working in New Zealand's early childhood education centres.
Those attending the workshop came from the three main parts of the early childhood sector: Government including the Ministry of Education and Chair of Parliament's Education and Science Select Committee Hon Brian Donnelly; senior teacher educators including those from the universities of Auckland and Canterbury; and leaders from service delivery organizations such as the Kindergartens, Kohanga Reo, the New Zealand Childcare Association and the Early Childhood Council.
The workshop devised an outline plan for getting more men working it the early childhood education sector and committed to developing a more detailed plan in the coming months.



The Press
March 30 2007

Men scared of abuse label opt out of child care
By Arwen Hann

Men are put off a career in early childhood education by perceptions they are all sex abusers, a conference has been told.
Speakers at the Men in Early Child Care summit in Christchurch yesterday said negative coverage on incidents such as the Peter Ellis-Christchurch Civic Childcare Centre case stopped men entering early-childhood work because they feared being labelled child abusers.
Ellis was convicted in 1993 of sexually molesting children at the civic creche where he worked.
Ellis, who has always maintained his innocence, served two-thirds of a 10-year jail sentence.
In 1992, just 2 per cent of the early-childhood workforce was made up of men.
In 2005, men made up less than 1 per cent of the sector.
Education Ministry figures from 2005 show there were just 132 men working in early-childhood education, compared with 13,609 women.
Researcher Sarah Farquhar told the conference that although media coverage helped to place the issue of men in early-childhood education in the spotlight, it tended to focus on the negative.
"There has been lots of media coverage, but mainly about sex abuse," she said.
"They don't pick up on all the great things men are doing, but the one thing men are scared of is being accused of child abuse. Even items that try to say positive things still have that thread running through them."
However, many delegates at the summit were optimistic that the sector was beginning to put the Ellis case behind it.
David Baxendell has worked at the Edmonds Smith Street kindergarten in Woolston for 25 years.
He was one of the first men to train for early-childhood teaching in Christchurch.
He said the Ellis case cast a shadow over his profession.
"I didn't feel that people changed their attitudes of me necessarily, but it did make me change a little bit in terms of what I would do with the children and making sure I did certain things, like changing them, where people could see me," he said.
"It is a shame we can't seem to get away from the Peter Ellis case, though. It has had an effect on men in early-childhood (education)."
Baxendell said he hoped the sector was shaking off the Ellis tag.
"I think it is moving on now. Things like this conference are a great step. It is great to see so many men in the sector getting together like this. Hopefully, we can continue to move forward," he said.
North Shore Community Centre worker Adam Buckingham said the positive aspects needed to be highlighted: "It is a very rewarding job and every day is different".
"Men can be nurturers but can also bring different teaching styles, which can help children. We need to publicise those things."
Farquhar said she hoped that men in early-childhood education were starting to receive more positive coverage and that the sector's leaders would become more supportive.
"I think there is a change in the view and hopefully important people like the Ministry of Education and Teach New Zealand will recognise that," she said.

Kim McGregor - Inhibiting defence

Dominion Post
April 23 2007

Fears abuse videos could be 'trophies'
by Emily Watt

Rapists and paedophiles could soon watch videotaped interviews of their victims reliving the ordeal - and trade them on the internet.
Police and child abuse experts have warned that specialist interviews with abuse victims, taped as part of an investigation, could become "trophies" for offenders under the new Evidence Act, which will provide copies of the videos to lawyers.
Paedophiles could get sexual gratification from children describing the abuse, the experts say. They fear the law might dissuade other victims from reporting abuse.
"The possibility of child sex offenders getting hold of a copy of this material and being able to retain it and do what they like is repugnant. It's grossly unfair," said Detective Senior Sergeant Neil Holden, the national coordinator of adult sexual assault and child abuse cases.
At the moment, defence lawyers and the accused can view the taped interviews to prepare their defence, but only in police stations, where the tapes are kept locked up.
The act, which has been passed but is not yet in force, states that a copy of any video must now be given to the lawyer for both sides before it is offered as court evidence, unless a judge directs otherwise.
The law and order select committee, which recommended the clause, noted there were risks to confidentiality but said lawyers were governed by a code of conduct that would protect vulnerable witnesses.
But critics say allowing the tapes out into the public creates a "significant possibility" they could fall into the wrong hands.
Mr Holden said if sex offenders manipulated a lawyer or stole a tape, the consequences would be catastrophic. "It would set our complainants back - not just the individuals, but as a group - 10 or 20 years. Their fear of having trust in the system would be so strong they wouldn't come forward.
"It would be a high-value commodity. We have to be so vigilant in not allowing that to happen."
Psychologists and counsellors are also alarmed by the law. Rape Prevention Education director Kim McGregor said she had great concerns about defence lawyers getting videos, given the potential for copies to be made.
"There's clinical evidence of offenders enjoying just audiotapes of children being abused. These videos could be used for sexual gratification," Dr McGregor said.
Clinical psychologist Nigel Latta said: "It would be a very bad thing to let offenders get copies of those video interviews, even their lawyers."
But criminal lawyer Grant Burston, convener of the New Zealand Law Society evidence law reform committee, said regulations would be drafted to control access to the videos, to restrict or ban copies being made, and to enforce their return.
A Justice Ministry spokesman said these regulations would be in place before the act took effect




One News

April 23 2007

Concerns over Evidence Act changes

Experts fear victims of sexual crime won't come forward after an act was passed allowing defence lawyers and their rapist clients to have video footage of victims giving police evidence.
The new Evidence Act, due to come into effect later this year, means video-taped interviews with the victims must be handed to the accused's lawyer before any trial. Up until now rapists, paedophiles and their lawyers could only watch video of victim interviews at police stations
National Coordinator for Sex Abuse cases, Detective Senior Sergeant Neil Holden says child sex offenders are incredibly manipulating and conniving. He fears they will find a way to make copies of the tapes to keep as trophies.
Police say sexual crime is seriously under-reported and the new law will push victims further into the shadows
"If they don't feel safe, if they feel they're going to be further significantly abused by the system those are very sound reasons why we're not getting very many reports," says Holden.
He says the current system works perfectly well.
Rape Crisis also wants the status quo to remain.
Spokeswoman Dr Kim MacGregor says when survivors of sexual violence give statements to police, they are often giving graphic details of the violation and humiliation they've experienced.
"We know that some sex offenders get a thrill witnessing the fear and devastation that they cause people that they have abused," she says.
The Justice Minister and the Ministry of Justice have both said the amendment, made by the Law and Order Select Committee is in the interests of equal justice and that regulations will be drafted to control access to the videos.

Lynley Hood - Exposed hysteria

The Press
April 17 2007

Compensation payout a victory for process over justice
by Karl du Fresne

There is something deeply troubling about the compensation recently paid to the convicted murderer Andrew Ronald MacMillan for defamation.
MacMillan is serving a life sentence for the 1988 murder of Dunedin teenager Jayne Maree McLellan. It was as savage a killing as can be imagined.
Several Fairfax-owned papers injured the obviously sensitive MacMillan's feelings by calling him a rapist, when he was never charged with rape. With money provided by the Government's Legal Services Agency, MacMillan sued.
It was previously my understanding that you couldn't defame someone with no reputation left to protect, which I would have thought described MacMillan perfectly.
But it was the opinion of Fairfax's lawyers that he had a strong case – in fact, was likely to win. Faced with the prospect of expensive court proceedings, Fairfax decided to settle out of court by paying MacMillan an undisclosed sum in compensation for the error.
There are so many worrying aspects of this case that it's hard to know where to start. Let's accept, first, that newspapers have a duty to get things right. But surely that must be weighed against the damage, if any, suffered by the aggrieved party.
I would argue that MacMillan no longer had a reputation to defend. He committed a singularly sadistic murder.
He stripped his victim almost naked, sat on top of her, stabbed her repeatedly, broke her jaw, stuffed stones down her windpipe to stop her screaming and nearly bit off one of her nipples. How could his reputation in the eyes of ``right-thinking citizens'' – the standard test in defamation – be lowered by calling him a rapist?
So he didn't rape his victim, or at least wasn't charged with it. But he violated her in multiple other inhuman ways – including the ultimate violation, which was to deprive her of life. How could his reputation be further tarnished?
The legal position, evidently, is that someone who has done something unspeakably vile can still stand on their rights if they're wrongly accused of doing something else that's bad. Does this mean a mass murderer – say, Radovan Karadzic – would have grounds to sue if someone accused them of shoplifting, or parking in a space reserved for the disabled? Could Graeme Burton take me to court if I said he picked his nose? Interesting.
Then there's the role of the Legal Services Agency in all this. On Radio New Zealand's Checkpoint, Fairfax editorial chief Peter O'Hara was grilled as if he were responsible for this wretched state of affairs.
The Legal Services Agency was let off the hook. Yet it was the LSA which, by granting MacMillan legal aid, made it possible for him to sue and win compensation (The legal aid came to $9225, which has been repaid).
No doubt the LSA would say it was only fulfilling its statutory brief, but does that make it right? I think I know how most New Zealanders would answer that question.
The letter of the law may have been followed in this case, but justice wasn't done. It's an example of due process being followed but producing an outcome which, by any commonsense yardstick, was plain wrong.
* * *
It's a bit rich of Bill Ralston to accuse his former employer, TVNZ, of threatening to destroy a proud public broadcasting tradition with its plan to shed up to 60 news and current affairs staff. The destruction of TVNZ's reputation as a credible source of news and current affairs was accomplished long ago. It began nearly 20 years ago when TVNZ, acting on advice from outside consultants, began turning news and current affairs into tabloid infotainment.
That was when TVNZ started nurturing an in-house celebrity cult that made stars of people like Paul Holmes and Judy Bailey, and newsreaders adopted the practice of feeding viewers with cues (such as Bailey's arched eyebrows) as to how they should react emotionally to news items. Brian Edwards memorably called it the ``coochie-coo'' news. Ralston, as head of news and current affairs from 2003 till recently, could have done something to reverse the deterioration. As far as we can tell, he didn't. If anything, TVNZ news and current affairs became even more of a circus under his watch. It's a bit late now to be extolling the values of public service broadcasting.
* * *
Many of us have experienced a time in our lives when we have sensed that a serious wrong has been done, or was about to be done. Most of us put it out of our minds, deciding that we don't have the time, the ability or the money to do anything about it. Figuratively speaking, we turn over and go back to sleep. Thank God, then, for people whose conscience won't let them go back to sleep – people like Pat Booth, who campaigned for Arthur Allan Thomas; Lynley Hood, who exposed the hysteria behind the Peter Ellis case; and Joe Karam, who has campaigned tirelessly and at great expense for David Bain.
Karam will soon find out whether the last-gasp appeal on Bain's behalf, before the Privy Council, has been successful. I don't claim to know whether Bain is guilty or innocent; but I do know that society would be immeasurably worse off without people like Karam, who are willing to make enormous sacrifices, with no prospect of personal gain, where they believe an injustice has been done.





The Dominion Post
April 17 2007

Justice not always served by letter of the law
by Karl du Fresne

There is something deeply troubling about the compensation recently paid to convicted murderer Andrew Ronald MacMillan for defamation.
MacMillan is serving a life sentence for the 1988 murder of Dunedin teenager Jayne Maree McLellan. It was as savage a killing as can be imagined.
Several Fairfax-owned papers injured the obviously sensitive MacMillan's feelings by calling him a rapist, when he was never charged with rape. With money provided by the government's Legal Services Agency, MacMillan sued.
It was previously my understanding that you couldn't defame someone with no reputation left to protect, which I would have thought described MacMillan perfectly.
But it was the opinion of Fairfax's lawyers that he had a strong case – in fact, was likely to win. Faced with the prospect of expensive court proceedings, Fairfax decided to settle out of court by paying MacMillan an undisclosed sum in compensation for the error.
There are so many worrying aspects of this case that it's hard to know where to start. Let's accept, first, that newspapers have a duty to get things right. But surely that must be weighed against the damage, if any, suffered by the aggrieved party.
I would argue that MacMillan no longer had a reputation to defend. He committed a singularly sadistic murder. He stripped his victim almost naked, sat on top of her, stabbed her repeatedly, broke her jaw, stuffed stones down her windpipe to stop her screaming and nearly bit off one of her nipples. How could his reputation in the eyes of "right-thinking citizens" – the standard test in defamation – be lowered by calling him a rapist?
So he didn't rape his victim, or at least wasn't charged with it. But he violated her in multiple other inhuman ways – including the ultimate violation, which was to deprive her of life. How could his reputation be further tarnished?
The legal position, evidently, is that someone who has done something unspeakably vile can still stand on their rights if they're wrongly accused of doing something else that's bad. Does this mean a mass murderer – say, Radovan Karadzic- would have grounds to sue if someone accused them of shoplifting, or parking in a space reserved for the disabled?
Could Graeme Burton take me to court if I said he picked his nose? Interesting.
Then there's the role of the Legal Services Agency in all this. On Radio New Zealand's Checkpoint, Fairfax editorial chief Peter O'Hara was grilled as if he were responsible for this wretched state of affairs. The Legal Services Agency was let off the hook.
Yet it was the LSA which, by granting MacMillan legal aid, made it possible for him to sue and win compensation. (The legal aid came to $9225, which has been repaid.)
No doubt the LSA would say it was only fulfilling its statutory brief, but does that make it right? I think I know how most New Zealanders would answer that question.
The letter of the law may have been followed in this case, but justice wasn't done. It's an example of due process being followed but producing an outcome which, by any commonsense yardstick, was plain wrong.
It is a bit rich of Bill Ralston to accuse his former employer, TVNZ, of threatening to destroy a proud public broadcasting tradition with its plan to shed up to 60 news and current affairs staff.
The destruction of TVNZ's reputation as a credible source of news and current affairs was accomplished long ago. It began nearly 20 years ago when TVNZ, acting on advice from outside consultants, began turning news and current affairs into tabloid infotainment. That was when TVNZ started nurturing an in-house celebrity cult that made stars of people such as Paul Holmes and Judy Bailey, and newsreaders adopted the practice of feeding viewers with cues (such as Bailey's arched eyebrows) as to how they should react emotionally to news items. Brian Edwards memorably called it the "coochie- coo" news.
Ralston, as head of news and current affairs from 2003 till recently, could have done something to reverse the deterioration. As far as we can tell, he didn't. If anything, TVNZ news and current affairs became even more of a circus under his watch. It's a bit late now to be extolling the values of public service broadcasting.

Many of us have experienced a time in our lives when we have sensed that a serious wrong has been done, or was about to be done. Most of us put it out of our minds, deciding that we don't have the time, the ability or the money to do anything about it. Figuratively speaking, we turn over and go back to sleep.
Thank God, then, for people whose conscience won't let them go back to sleep - people like Pat Booth, who campaigned for Arthur Allan Thomas; Lynley Hood, who exposed the hysteria behind the Peter Ellis case; and Joe Karam, who has campaigned tirelessly and at great expense for David Bain.
Karam will soon find out whether the last-gasp appeal on Bain's behalf, before the Privy Council, has been successful.
I don't claim to know whether Bain is guilty or innocent; but I do know that society would be immeasurably worse off without people like Karam, who are willing to make enormous sacrifices, with no prospect of personal gain, where they believe an injustice has been done.

Custody case dad tells story

The Dominion Post
April 23 2007

Custody battle dad tells of 'crying from your heart'
by Paul Easton

Easter eggs delivered through lawyers and years of frustration mark the way the New Zealand justice system deals with child access cases.
That's the view of a man at the centre of a case that caused the United Nations Human Rights Committee to criticise the way our legal system works last week.
"You are out of your element, you are not in your house, they are in theirs. You're like a fish out of water," he said.
The man, who cannot be named for legal reasons, began a child-access battle with his estranged wife in November, 2000.
Since then, allegations of sexual abuse have been made, and protection orders filed.
Almost seven years later the case is still ongoing.
Police became involved, but decided not to press charges after a 20-month investigation.
The case ended up at the Court of Appeal – that process taking three years and four months.
The man was eventually denied access to his daughters and an issue over access to his son is back before the Family Court.
New Zealand human rights lawyer Tony Ellis took the man's case to the UN human rights committee which found that the lengthy proceedings had breached the man's rights.
The committee said "the very nature" of custody and access cases meant they must be resolved quickly before the interests of a non-custodial parent are "irreparably harmed".
The man said later that he was thrilled with the decision, but the drawn-out proceedings had taken their toll.
"It's hard to describe. It feels like you are crying from your heart," he said. "They (the children) are only a few miles away but you can't see them. You live with it all the time."
The man said he might seek compensation through the High Court, and still wants to fight for access to his children, whom he has not spent time with for seven years.
Police in New Zealand were not properly resourced to deal with the case, he said. "They would start to look at it, then something would come up and it would all stop again."
The Government has three months to present remedies for the situation to the UN Human Rights Committee.
The man's new partner said they hoped by speaking out they would help people going through the same thing.
"The way the system is there is no protection. It can happen to anyone."

Brethren man excluded from church

Newstalk ZB
April 23 2007; 06:32

Brethren man excluded from church

A member of the Exclusive Brethren who is under police investigation for alleged sexual abuse is being kept away from the church.
Brethren spokesman Tony McCorkell says an elderly man is at the centre of the claims and the church is co-operating fully with police. He is urging anyone with any other claims to come forward and talk with officers.
The man has been excluded from church and from interacting with minors until the investigation is complete

Rape, Abduction investigated

Newstalk ZB
April 22 2007; 17:56

Glen Eden Rape and abduction

Police in Waitakere City are investigating the rape and abduction of a 28-year-old woman.
Detective Constable Rachel Inskeep of the Henderson police says a Polynesian man approached the vehicle the woman was sleeping in on Woodglen Road in Glen Eden about three o'clock this morning. She says the man pulled out a knife and got into the vehicle, drove the woman to a nearby rugby league club, and raped her.
Police want to speak with anyone who saw a blue Toyota Estima in the area.
The man is described as under 25 years old, with a 'number one' haircut, of average build and clean shaven. he was wearing a brown hoody jacket with white patches on the front, and green camouflage pants to his knees with white socks and blue jandals.
He has a large eye-shaped tattoo with a tribal pattern on the outside of his left thigh.



Radio NZ
April 22 2007; 17:52

Woman allegedly raped after falling asleep in car

Police are investigating the alleged abduction and rape of a 28-year-old woman who went to sleep in a car outside a party in the Auckland suburb of Glen Eden.
Police say the incident happened about 3am on Sunday morning in Woodglen Road.
Detective Sergeant Megan Goldie says the woman woke to find someone tapping on her car window.
Mr Goldie says the man may have been loitering in the street for some time before the attack.
He is described as Polynesian, under 25, with short hair, of average build and height and with a large, eye-shaped tattoo on his left thigh.




Three News
April 22; 17:03

Police hunt man after woman abducted, raped in Auckland

Police in the Auckland suburb of Henderson are hunting a man who abducted and raped a woman in Glen Eden early this morning.The Polynesian man aged under 25 approached a 28-year-old woman as she was sleeping in her car on Woodglen Road at about 3:00am.
The man threatened the woman with a knife, drove her to a nearby rugby league club and raped her.
Police say the man is clean shaven with a number one haircut and a large eye-shaped tattoo with a tribal pattern on his left thigh.
They want to speak to anyone who saw a blue Toyota Astina, registration ALA629 around the Glen Eden and Titirangi area early this morning.

Apology for false rape rejected

Sunday Star Times
April 22 2007

Apology for false rape rejected
by Leigh Van der Stoep

Neighbours and police have rejected an apology by the south Auckland woman who falsely claimed she was raped by an armed man posing as a plain-clothes policeman.
Sources estimate the cost of the three-day police investigation into the false complaint could be as high as $70,000.
In a letter to her neighbours, the 41-year-old, who has name suppression, said she was "so very sorry" for the "distress and disruption" her false complaint caused.
"I realise that my false complaint has caused unnecessary worry and anger for you and others in this community."
She also verbally apologised to police for wasting their time. But investigation head Detective Senior Sergeant Neil Grimstone said: "It's an apology, but at the end of the day it's too little too late."
The photocopied letter - obtained by the Sunday Star-Times - was distributed to the eight units in the Papakura block of flats where the woman claimed she was attacked.
She told police a man dressed in a suit tricked his way into her flat at lunchtime on Thursday April 12 and sexually violated her at gunpoint over 2<<1/2 hours.
The complaint sparked a three-day full-scale investigation by a team of 30 police officers.
Grimstone could not be drawn on the cost, but said it had been calculated "to the last cent". The information would be produced as part of the summary of facts during a court appearance next month.
Victim Support Counties Manukau manager Michael Donoghue said the false complaint could make rape victims reluctant to complain to police.
"Our fear would be that genuine victims may feel like they won't be taken seriously," he said.
In the apology letter, the woman said she never meant to "undermine the needs of (legitimate) victims or the professionalism of the NZ police".
She apologised to her neighbours for inviting "police presence and media intrusion".
"It is a basic right that all should feel comfortable and secure in their own homes. I realise that my false complaint has caused unnecessary worry and anger for you, and others in the community."
She said she would be moving out of the address "in due course".
"It is vital that you are happy with your neighbours as it is a caring and trusting environment."
The letters were handwritten and photocopied. Each was personally signed.
"Again, I am so very sorry for the damage my complaint has caused...
"I will be seeking professional help and wish you a peaceful return to normal life."
One neighbour, who wanted to be known only as Brian, replied to her.
"I just told her to keep her head up and be strong," he said.
He invited her to contact him if she needed support.
"Everybody needs someone to talk to."
Some neighbours were sympathetic to the woman's plight, but others were angry, he said.
Brian urged people not to judge the woman because no one knew the personal struggles she might be dealing with.
The Star-Times spoke to an elderly female neighbour who left her home in the days following the complaint. She was afraid the "attacker" would strike again and was upset by the media presence.
At the time, the complaint prompted Grimstone to warn women to check police credentials before opening their doors.
On Sunday the woman was charged with making a false statement to police. She spent the night in a police cell and appeared in Papakura District Court on Monday and was remanded on bail.
When asked if he knew whether the woman was staying with friends or family, Grimstone said: "I don't know and I don't care. Clearly this makes it difficult for genuine victims. And the other thing is, what about all the good people that those 30 police officers could have helped while they were tied up with this bloody fabrication."
The conditions of the woman's bail prevent her from drinking alcohol, taking illicit drugs, and entering licensed premises

False rape claims - Comment

From top: Neville Robertson, Jan Jordan, Kim McGregor

Academics minimising and excusing false allegations

.

The question is: Why are these academics so quick to denigrate the problem of false allegations?

Both rape, and false allegations of rape are serious crimes, and prevention of both is important.

peterellis.org.nz

April 18 2007

.

False rape claim case highlights significant problem.

Media Release

The recent false rape hoax highlights a problem that is unfortunately far too common, spokesperson for peterellis.org.nz, Brian Robinson says.

The crime of false allegation is not rare. In the last decade there have been over 400 cases each year of proven cases, the majority relating to false allegations of sex offences. Most of these cases are not publicised.

There are also many more cases where false allegations occur but the perpetrator does not confess. In these cases the victims suffer severely, and some are even wrongly convicted. Very few victims are as fortunate as Clint Rickards was, to have a family photograph of himself in a plaster cast that indicated the complainant was lying.

It is unfortunate that the media sought comment about the latest hoax from people who have a history of minimising the problem of false sex allegations. Their response was sadly predictable.

Dr Kim McGregor of Rape Crisis claims that only two to six percent of rape allegations are made up. The only thing made up are the statistics that she provides. Psychology lecturer Dr Neville Robertson says that false complaints are extremely rare. He is presumably basing his claim on the tiny proportion of false rape complaints that are reported in the media.

Victoria academic Dr Jan Jordan provides an excuse for perpetrators by claiming - without justification - that they may have been sexually abused. She could well study the more common reasons why false complaints are made.

Regardless of how common or uncommon the problem of false allegations is, all allegations should be treated seriously, and investigated impartially. Justice for real rape victims is not enhanced by simply routinely believing the stories of those making false allegations.

Rape Hoax Part 5 - 17th

Woman: False rape complaint



The Nelson Mail

April 17 2007

Anger and relief

Editorial

Residents of Papakura, Auckland, felt scared and apprehensive after claims that a gun-toting rapist had struck in their area, the Nelson Mail said in an editorial on Tuesday.
A 41-year-old woman told police late last week that a well-dressed Maori or Pacific Islander posing as an undercover policeman knocked on her door, threatened her with a gun and sexually violated her.
Naturally, residents feared he would strike again unless quickly identified and captured. But alarm turned to anger on Sunday after police revealed the woman was being charged with making a false claim, and there was no armed rapist after all.
The community outrage is understandable. Residents in the vicinity of the alleged attack had been needlessly frightened. Significant police resources had been diverted. Worse, false rape complaints seem to happen quite often.
It would be most unfortunate if rape victims opted not to report genuine attacks because they feared being disbelieved as a result of cases like this.
They face enough stress and strain in the event of their allegation going to trial as it is. However, the more appropriate community response should be relief that the alleged attack did not happen.
Though the full story has yet to come out and perhaps never will, there might also be a tinge of pity for the complainant.
Police describe the case as sad and tragic. Her claim may well have been a cry for help. Regardless of the Papakura incident, rape is among the gravest of crimes and investigating such claims must always have priority.
The police cannot let their response to future complaints be affected by any climate of scepticism generated by cases like this one.




Manawatu Standard

April 17 2007

Lasting damage of false rape claim

Editorial by Ewan Sargent

Police say a woman who claimed she had been raped by a man posing as a plain clothes police officer was telling lies and she has been referred to "appropriate health professionals".
The visibly relieved policeman running the case told us that he could allay fears of any gun-toting rapist running around.
The attack didn't happen, he said. It was a sad, tragic case, and the woman whose claims had kept 30 police busy over three days had "some issues to say the least".
And so ended the first part of a particularly grim case for a number of reasons.
It's still grim for the woman involved, who now faces court charges over making a false complaint, plus the internal anguish she must already be going through anyway.
It's also grim because of the damage that all false rape and sexual attack claimants do to genuine victims.
It makes their attempts to have their story heard and believed, and to tap in to support, that much harder.
People are quick to feel sympathy for a rape victim and anger for the rapist. But they are also quick to feel anger if it turns out they were duped and their sympathy was pointless.
Women who falsely claim they were raped and sexually attacked undermine this sympathy and feed baseless stereotypes of behaviour that some men tend to support.
That's the negative side of this case, but the good side is how quickly police were able to reassure the public that no police officer was involved and that no one had impersonated a police officer, either.
Neither the police, nor the public need another issue of police-linked rape claims dominating our headlines once again.
Obviously, there's a likelihood that the recent high- publicity trials concerning police officers and rape could have had some influence in this latest case.
It's an issue that's been well aired and the police face a lot of ground to cover to win back some of the respect they must have lost through those trials. As with false rape complainants, the bad taint the good.
We should continue to judge the police on the vast majority of good officers and support rape complainants based on the vast majority of genuine victims.




The Southland Times

April 17 2007

Police won't pursue cost of investigating rape claim

by Kim Ruscoe

Police say they will not try to reclaim the "huge" amount spent investigating a Papakura woman's allegedly false rape complaint.
The woman, who said she was raped at gunpoint by a man claiming to be a police officer, cried when she appeared in the Papakura District Court yesterday, a day after being charged with making a false complaint.
A team of 30 police spent three days investigating her claim.
But inquiry head Detective Senior Sergeant Neil Grimstone said yesterday police would not pursue the costs if the woman was convicted.
"It's not a realistic thing to ask for, it's such a huge figure no judge will award it anyway," he said.
Police have previously costed their time at $80 an hour, with medical expenses as much as $1500, putting the cost of the latest case at possibly $60,000.
The woman had told police an armed man posing as a plainclothes police officer had "tricked" his way into her Papakura flat on Thursday, saying he was conducting routine inquiries and calling her by name.
She claimed that once he was inside, she was stripped naked and repeatedly violated for almost three hours.
The woman, 41, wiped a tear from her face as she stood in the dock at court yesterday charged with making a false complaint.
She was granted interim name suppression because a relative had just been told she had a terminal illness and it would be a shock for her to learn of the charges.
She was given bail by justice of the peace Tony Charman, who ordered her to live at an address in Papakura, report twice a week to police and stay away from illicit drugs and alcohol.
The court was told the woman had been seen by a forensic psychiatrist who had mentioned a dependency on alcohol and drugs in his letter to the court.
She will reappear in court on May 3.
Shortly afterwards, a man and woman believed to be the woman's relatives stormed from the court and barged their way through waiting media.
The man ran down the shop-lined street, turned, ran back in front of a television camera, then jumped in a passing police car. The woman continued walking down the street but refused to comment.
Minutes later, the accused woman was rushed from the courtroom under police escort, hiding her face and carrying a plastic police-issue bag containing her possessions.
She refused to make any comment as she was walked around the corner to the police station.
After the hearing the woman's lawyer, Colin Amery, said the woman was "bearing up" .
If found guilty, she could be sentenced to a maximum of three months' jail or a fine of up to $2000.




The Dominion Post

April 17 2007

Bail for false-rape accused

by Kim Ruscoe

Police say they will not seek to reclaim the "huge" amount spent investigating a Papakura woman's allegedly false rape complaint.
The woman, who said she was raped at gunpoint by a man claiming to be a police officer, cried when she appeared in Papakura District Court yesterday, a day after being charged with making a false complaint. Thirty police spent three days investigating her claim.
Inquiry head Detective Senior Sergeant Neil Grimstone said yesterday that police would not pursue the costs if the woman was convicted.
"It's not a realistic thing to ask for, it's such a huge figure no judge will award it anyway." Police have previously costed their time at $80 an hour, with medical expenses as much as $1500, putting the cost of the latest case at possibly $60,000.
The woman had told police an armed man posing as a plainclothes police officer had "tricked" his way into her Papakura flat on Thursday, saying he was conducting routine inquiries and calling her by name.
She claimed that once he was inside, she was stripped naked and repeatedly violated for almost three hours.
The woman, 41, wiped away a tear as she stood in the dock yesterday charged with making a false complaint.
She was granted interim name suppression because a relative had just been told she had a terminal illness and it would be a shock for her to learn of the charges.
She was given bail by justice of the peace Tony Charman, who ordered her to live at an address in Papakura, report twice a week to police and stay away from illicit drugs and alcohol.
The court was told that the woman had been seen by a forensic psychiatrist who had mentioned a dependency on alcohol and drugs in his letter to the court. She is to reappear in court on May 3.
Soon afterward, a man and woman believed to be the woman's relatives, stormed from the court and barged through waiting media.
The man ran down the shop-lined street, turned, ran back in front of a television camera, then jumped in a passing police car. The woman continued walking down the street and refused to comment.
Minutes later, the accused woman was rushed from the courtroom under police escort, hiding her face with a bail bond and carrying a plastic police-issue bag containing her possessions.
She refused to comment as she was walked around the corner to the police station.
After the hearing the woman's lawyer, Colin Amery, said the woman was "bearing up".
If found guilty, the woman could be sentenced to a maximum of three months in jail or a fine of up to $2000.
---------------
CAPTION:
On bail: The accused leaves Papakura District Court under police escort. She has been ordered to report to police twice a week.
Picture: JOHN SELKIRK

Rape Hoax Part 4 - 16th

Woman, charged with false complaint



Radio New Zealand

April 16 2007; 21:00

Police count cost of alleged false rape complaint

The police in South Auckland are counting the cost of the hunt for an armed rapist sparked by what they now believe was a false complaint.
A 41-year-old woman appeared in the Papakura District Court yesterday charged with making a false statement to the police.
She claimed to have been sexually assaulted by a man posing as a police officer, sparking a three day investigation involving 30 officers.
The police say they have tallied up the cost of the inquiry but will not release details because the information is part of the court case.





Radio New Zealand

April 16 2007; 10:55

Papakura woman faces false complaint charge

A woman accused of falsely reporting a sexual assault by a man posing as a police officer has appeared in a South Auckland court.
The 41-year-old, who has been granted name suppression, is charged with knowingly giving a false statement to police, after she complained of being raped in her Papakura home.
The woman claimed that she had been subjected to a prolonged sexual attack, saying a man, posing as a plainclothes police officer, tricked his way in to her home on Thursday. Her allegation sparked a police manhunt and raised the fears of local residents.
In Papakura District Court on Monday, the woman was composed in the dock, but appeared to wipe away tears. She was granted bail on the condition she does not consume alcohol or illicit drugs.
Her lawyer Colin Amery says he has been pleased so far by the sympathetic response of police and women's groups. He says he hopes people will wait to hear the full facts of the situation before making any judgments.
Mr Amery says her privacy needs to be maintained despite the public interest in her case.
Detective Senior Sergeant Neil Grimstone says it is a sad and tragic case. He says the truth was revealed through the work of criminal profilers and what the woman told police.

False complaints 'cry for help'

Rape Crisis says a small proportion of rape complaints are false, but they can make it difficult for those who have been attacked to come forward.
Spokesperson Kim McGregor says research shows between 2% and 6% complaints are false, and can often be a cry for help.









One News

April 16 2007

Woman breaks down in court

The South Auckland woman who allegedly lied about being raped broke down as she appeared in court.
The 41-year-old had told police she was viciously attacked and raped in her home last week. She alleged a Maori or Pacific Island man claiming to be an undercover policeman and carrying a gun tricked his way into her flat on Thursday afternoon and subjected her to a two-and-a-half hour ordeal.
A major police hunt was launched following her complaint. The investigation involved 30 police staff at a cost of $10,000.
Police allege the false rape report was a well planned and thought out criminal act, but will not reveal how they caught the woman out.
They interviewed the woman several times during the inquiry and took the investigation seriously because the woman had several wounds. But they now believe the injuries could have been self-inflicted.
The woman, who has interim name suppression, appeared in the Papakura District Court on Monday charged with making a false complaint.
The court heard of a drugs and alcohol problem highlighted in a report from a forensic psychiatrist.
She was supported by friends and family, but no explanation for her actions were given. She cried in court, and remained silent but shaking after she was bailed.
She will reappear in court in two weeks time and has been bailed on strict conditions, including a ban on alcohol and drugs
"If there's alcohol involved, or drugs, there may be a confusion between historic issues that have been unresolved and a current need for help," says Rape Prevention Education spokesperson Kim McGregor.
The woman has now been referred to health professionals.
If found guilty she could face a fine of up to $2,000 or three months prison.

False allegations "set back the fight"

Rape victim support groups say women who make false rape allegations make it very difficult for those who have been genuinely attacked.
"For false allegations to be made, it may have an effect that genuine rape survivors won't come forward," says Rape Prevention Education spokesperson Kim McGregor.
Rape Crisis spokeswoman Andrea Black says such false allegations set back the fight against rape and put a bad light on all people who speak out about being sexually violated, casting doubt on the validity of their statements.




Newstalk ZB

April 16 2007; 15:16

Hoax-rape accused gets name suppression

A South Auckland court has ordered the identity of a woman who falsely claimed she had been raped, be kept secret.
Interim name suppression has been granted to the 41-year-old. She has been charged with making a false complaint for telling police she had been raped and attacked in her Papakura home last Thursday.
Today she appeared in court, quiet and tearful as strict bail conditions were set out. Her lawyer requested name suppression be granted to allow the woman time to contact a terminally-ill relative and explain her arrest. A psychiatric report has also been ordered.
The Wellington Sexual Abuse Help Foundation says most false rape complaints are a sign of underlying problems. Manager Helen Sullivan says in her experience, a false complaint is usually a cry for help. She says there may be a history of abuse which something has triggered, or mental health issues.




Newstalk ZB

April 16 2007; 10:52

Bail for fake-rape complaint accused

The woman charged with laying a false rape complaint has appeared in the Papakura District Court.
The 41-year-old has been bailed to reappear in two weeks. She has also been granted interim name suppression following this morning's brief appearance. Strict bail conditions apply, including a ban on alcohol and drugs. She is also to undergo a psychiatric report.
Police began an investigation last week when the woman alleged she was raped in her Duke Street flat in Papakura, by a man posing as an undercover police officer and carrying a gun.





Stuff

April 16 2007

Police count cost of rape investigation

by Kim Ruscoe

The woman at the centre of an alleged hoax rape claim in south Auckland appeared in Papakura District Court today charged with making a false statement, and has been granted name suppression.
The woman was remanded on bail until May 3.
Conditions of her bail were that she live at a Papakura address and did not drink alcohol or take illicit drugs.
Detective Senior Sergeant Neil Grimstone said police were adding up the cost of the inquiry which 30 police officers spent many hours on the investigation, and until they knew more details would not comment further.
The woman complained to police on Thursday she had been attacked and sexually violated by a man who said he was an undercover policeman and who had a handgun.
Police charged the woman yesterday, saying the attack did not happen and there was no rapist running around the Papakura area with a gun.
In court today, the woman looked at the floor during two brief appearances she made.
Her lawyer, Colin Amery, asked for her name to be suppressed because a family member had just learnt they had a terminal illness and had not been told of the charges against the woman.
"That could be a shock," Mr Amery told the court.
The court also heard that the regional forensic psychiatrist who had examined the woman had mentioned a dependency on drugs and alcohol.
That led to the condition in her bail that she did not drink or take illicit drugs.
Her harrowing allegations, which included claims that he was posing as a police officer, sparked fears in the Auckland suburb of Papakura and a police warning to the public to demand identification.
But inquiry head Detective Senior Sergeant Neil Grimstone said yesterday that the investigation had been called off.
"I can allay any fears the public may have of any gun-toting rapist running around because this attack simply did not happen.
"This is a sad, tragic case and the woman concerned has been referred to the appropriate health professionals ... she's got some issues, to say the least."
The woman claimed an armed man posing as a plainclothes police officer had "tricked" his way into her Papakura home about midday on Thursday, saying he was conducting routine inquiries.
Police said yesterday morning that the woman told them the rapist had used her name when he knocked on the door.
But by yesterday afternoon Mr Grimstone had called a press conference to reveal the woman had been charged with making a false complaint.
Over the past three days, police officers, including criminal profilers, had carried out a "very extensive and thorough" investigation, he said.
That work - and information supplied by the woman yesterday - led to the investigation being called off.
"I've had an open mind on this right from the start," Mr Grimstone said. "It's been a thorough investigation, we've covered all the bases, we've done everything as if it was genuine."
He would not say if the physical injuries said to have been inflicted during the attack had been caused by the woman herself, who had undergone a medical examination after the rape claim.
Nor would he say if recent court cases revealing the sexual behaviour of some serving and former police officers had influenced her actions.
Auckland Sexual Abuse Help Foundation spokeswoman Kathryn McPhillips said false rape complaints eroded police and public empathy for genuine victims. But often those making the false complaints had a history of sexual abuse. "There's usually some story behind it."
Psychotherapist Marlyn Robson, who works with both sex offenders and victims, said that no other person was found to have been involved and the woman had been referred to health professionals, which suggested this was a "very sad, rather than bad" case.
There were mental conditions in which people hurt themselves then blamed someone else, she said. "This is certainly a weird one. People are likely to be angry."
False rape claims, which were rare, denigrated the experience of genuine rape victims, Dr Robson said.
Police figures show more than 400 people a year are charged with making false statements. A handful are charged with the more serious offence of fabricating evidence.
- With NZPA




NZ Herald

April 16 2007; 11:15

Woman accused of false rape complaint gets name suppression

by David Eames

A South Auckland woman accused of a false rape complaint was granted name suppression at a brief appearance in court this morning.
The 41-year-old appeared subdued and tearful and entered no plea to a charge of making a false statement.
She was granted bail with conditions that include a requirement she use no alcohol or illegal drugs and she will return to court on May 3.
The court heard the regional forensic psychiatrist who had examined the woman had mentioned a dependency on drugs and alcohol, and the justices of the peace sitting at Papakura District Court said a Waitemata District Health Board letter indicated "there are matters that need to be dealt with".
Her lawyer, Colin Amery, asked for her name to be suppressed because a family member had just learnt they had a terminal illness and had not been told of the charges against the woman.
"That could be a shock," Mr Amery told the court.
Police did not oppose the request for name suppression and Detective Senior Sergeant Neil Grimstone, who led the investigation, refused to comment on the matter outside court.
The woman ran a media gauntlet when she left the court and was escorted by police the 100m to Papakura police station. She made no comment.
Yesterday, fear and apprehension gave way to anger among Papakura residents after the woman's claim that she was raped by an armed intruder was revealed to be false.
Mr Grimstone yesterday said that after "a very extensive and thorough investigation", the three-day inquiry had been ended and the woman referred to "the appropriate health professionals".
"The public need not fear any gun-toting rapist," he said. "This attack simply did not happen."
Maximum penalties for the offence are three months in prison or a $2000 fine.
The woman claimed she was raped over 2 1/2 hours in her Duke St flat on Thursday afternoon by a Maori or Pacific Island man wearing a suit and claiming to be a police officer "conducting routine inquiries".
At its peak, the inquiry involved 30 police officers, who spent "quite significant" hours on the case, police spokesman Kev Loughlin said yesterday.
The extreme nature of the woman's claims had prompted police, from the outset, to investigate her and her allegations.
"I think the nature of the allegations that were being made necessitated a dual focus on the investigation," he said.
Mr Grimstone refused to speculate on why the woman made the false complaint, and would not comment on whether her claims had been triggered by recent negative publicity about police conduct.
"It's a sad and tragic case, and she has got some issues, to say the least."
News that the attack did not happen was no surprise to the woman's neighbour Roline van Wyk.
"I hate to be a doubting Thomas, but there was just something about her.
"I couldn't believe that something like this could happen."
Ms van Wyk said she had spoken to the woman a couple of times, and "she seemed pleasant enough".
But other neighbours spoken to by the Herald were angry because of the distress and inconvenience the woman's false complaint had caused.
"It makes me angry for the simple reason that those other people in those units [where the woman lived] must be absolutely livid," said Rose Lavell.
"Look what she has done to the community around here."
Another man, who did not want to be named, said the woman's actions were unacceptable.
"The police have been chasing around for somebody, and if it didn't happen, well, what a waste of time.
"I can't really see the point in it. What was she after?"
Another Papakura resident said the woman's actions could make it harder for genuine sex attack victims to speak up.
"What about all the ladies where it's genuine? That's shocking, it really is."
Rape Prevention Education director Kim McGregor said last night false rape complaints made it "very difficult" for those making genuine allegations.
The number of rapes was "hugely under-reported" - only about 10 per cent of victims laid official complaints.
False rape complaints were often "a call for help" and could indicate some type of past trauma, Dr McGregor said.
Victoria University criminologist Dr Jan Jordan said: "If it really is a false complaint, then it just helps to fuel the myth that most women who make complaints of rape to the police are lying. That's really unfortunate.
"It feeds into what's been called a culture of scepticism over rape allegations.
"Often the police will think it means that women are naturally devious and lying or vengeful, rather than perhaps looking at what the motivations are."
But some false complaints were made by women who had been sexually abused at an earlier time.
"Often they are trying to draw attention to the stress that they are feeling underneath, but they are doing it in a very indirect way ... that means no individual gets held responsible."
Little research had been done in New Zealand on what proportion of rape complaints were false.
But in Britain, government research put it at about 9 to 12 per cent - "although many detectives still think the figure is much higher than that".
Dr Jordan has previously told the Herald that police attitudes to rape stymie the investigation of many women's sexual assault complaints.
Elaborate hoaxes like the Papakura case were relatively rare but tended to receive extensive publicity and endured in police folklore, she said.
Waikato University senior psychology lecturer Dr Neville Robertson said such complaints were extremely rare.

Day by day

* Friday:
Police say a Papakura woman was "stripped naked and sexually violated" the previous day by an armed man wearing a suit who tricked his way into her flat. Detective Senior Sergeant Neil Grimstone describes the attack as "very disgusting and despicable".

* Saturday:
Police say the attacker approached the woman claiming to be a plain-clothes policeman. Mr Grimstone says the masquerade is "an extremely sinister development", and urges people to check the credentials of anyone claiming to be a police officer.

* Sunday:
Morning: Police say the attack was "a well planned and thought out criminal act", in which the offender asked for his victim by name.

Afternoon: Mr Grimstone reveals: "The public need not fear any gun-toting rapist. This attack simply did not happen."
- with NZPA




Three News

April 16 2007

Woman in court today charged with making false complaint

The South Auckland woman who claimed she was raped by a police impersonator is appearing in court this morning.
An inquiry began on Thursday after the 41-year-old alleged she was subjected to a prolonged, gun-point rape by a man posing as a police officer.
The head of the police inquiry, Detective Senior Sergeant Neil Grimstone, says the woman has been referred to health professionals.
She has been charged with making a false complaint, which carries a penalty of three months imprisonment or a fine of up to $2000.
Rape Crisis says the allegedly false complaint is rare, and the organisation is hoping it will not impact negatively on future genuine rape allegations.
Specialists who deal with rape cases say false allegations are a huge drain on their limited resources.
Doctor Kim McGregor says while only two to four percent of rape allegations are made up, it is enough to cast doubts over real ones

Radio NZ

April 16 2007

Woman to appear in court on false rape complaint

A woman is due to appear in court on Monday charged with making a false statement to the police, after reporting that she had been raped at gunpoint in her South Auckland home.
The woman, 41, claimed that she had been subjected to a prolonged sexual attack, saying a man, posing as a plain-clothes police officer, tricked his way in on Thursday.
The complaint sparked a huge police manhunt.
Detective Senior Sergeant Neil Grimstone says the woman will be charged with making a false statement to police and the investigation has been discontinued.
She will appear in Papakura District Court.
Mr Grimstone says it is a sad and tragic case. He says the truth was revealed through the work of criminal profilers and what the woman told police.

One News

April 16 2007

Woman charged with false complaint

A South Auckland woman who told police she was viciously attacked and raped in her home last week has appeared in the Papakura District Court charged with making a false complaint.
The 41-year-old woman alleged a Maori or Pacific Island man claiming to be an undercover policeman and carrying a gun tricked his way into her flat on Thursday afternoon and subjected her to a two-and-a-half hour ordeal.
A major police hunt was launched, with a team of 30 working on the case.
"This is a sad and tragic case and the woman concerned has been referred to the appropriate health professionals," Detective Senior Sergeant Neil Grimstone said on Sunday.
Police allege the false rape report was a well planned and thought out criminal act but will not reveal how they caught the woman out.
The woman, who has interim name suppression, has been released on bail to reappear in court in two weeks time.
Strict bail conditions include a ban on alcohol and drugs.
Her lawyer requested name suppression be granted to allow the woman time to contact a terminally-ill relative and explain her arrest.
A psychiatric report has also been ordered.

False allegations "set back the fight"

Rape victim support groups say women who make false rape allegations make it very difficult for those who have been genuinely attacked to file a police complaint.
Rape Crisis spokeswoman Andrea Black says such false allegations set back the fight against rape and put a bad light on all people who speak out about being sexually violated, casting doubt on the validity of their statements.




One News

April 16 2007

False rape complaints slammed

Rape victim support groupssay women who make false rape allegations make it very difficult for those who have been genuinely attacked to file a police complaint.
A 41-year-old South Auckland woman who alleged she was raped in her Duke Street flat in Papakura by a man posing as an undercover police officer has told detectives she made up the incident.
She is appearing in court on Monday charged with making a false complaint to police and has been referred to health professionals.
Rape Crisis spokeswoman Andrea Black says such false allegations set back the fight against rape and put a bad light on all people who speak out about being sexually violated, casting doubt on the validity of their statements.
The woman claimed a Maori or Pacific Island man talked his way into her home on Thursday.
She said he was armed and subjected her to a two-and-a-half hour ordeal.
Thirty police officers spent hours on the case. On Sunday, Detective Senior Sergeant Neil Grimstone said the public did not have to fear a gun-toting rapist as the attack did not happen.




The Nelson Mail

April 16 2007

False rape claim angers

A woman who claimed she was raped in a three-hour ordeal by an armed man posing as a police officer was today granted bail and name suppression by the Papakura District Court.
The 41-year-old woman made a brief appearance in court charged with making a false complaint. She had been held in custody overnight after police yesterday called off their investigation into her claim that she had been raped .
Her harrowing allegations sparked fear in the Auckland suburb of Papakura, an inquiry involving 30 police officers over three days, and a warning to the public to demand identification from anyone claiming to be a police officer.
But inquiry head Detective Senior Sergeant Neil Grimstone said yesterday the investigation had been called off.
``I can allay any fears the public may have of any gun-toting rapist running around, because this attack simply did not happen,'' he said.
``This is a sad, tragic case and the woman concerned has been referred to the appropriate health professionals. She's got some issues, to say the least.''
charged with making a false complaint. The maximum penalty is three months in jail or a fine of up to $2000. Rape counsellors say false complaints erode police and public sympathy for genuine victims.
The woman claimed that an armed man posing as a plainclothes police officer ``tricked'' his way into her Papakura home about midday last Thursday, saying he was conducting routine inquiries.
Police said yesterday morning that the woman told them the rapist had used her name when he knocked on the door.
But by yesterday afternoon, Mr Grimstone had called a press conference to reveal that the woman had been charged with making a false complaint.
During three days, the police officers, including criminal profilers, had carried out a ``very extensive and thorough'' investigation, he said.
That work, and information supplied by the woman yesterday morning, led to the investigation being called off.
Nor would he say if recent court cases revealing the sexual behaviour of some serving and former police officers had influenced her actions.
The woman's neighbour, Roline van Wyk, said there ``was just something about her''.
``I couldn't believe that something like this could happen.''
Other neighbours were angry because of the distress and inconvenience the incident had created.
Auckland Sexual Abuse Help Foundation spokeswoman Kathryn McPhillips said false rape complaints eroded police and public empathy for genuine victims.
Often, those making false complaints had a history of sexual abuse, she said. ``There's usually some story behind it.''
Psychotherapist Marlyn Robson, who works with sex offenders and victims, said no other person was found to have been involved, and the woman had been referred to health professionals. She suggested that this was a ``very sad, rather than bad'' case.
There were mental conditions where people hurt themselves and then blamed it on someone else, she said.
Figures issued by police headquarters show that more than 400 people a year are charged with making false statements.
The maximum penalty is three months in jail or a fine of up to $2000.




Newstalk ZB

April 16 2007 05:24

Court appearance after rape claims

Rape Crisis says women who make false rape allegations make it very difficult for those who have been genuinely attacked to file a police complaint.
The 41-year-old South Auckland woman who alleged she was raped in her Duke Street flat in Papakura, by a man posing as an undercover police officer has told detectives she made up the incident. She has been charged with making a false complaint to police and has been referred to health professionals. She appears in court today.
Rape Crisis spokeswoman Andrea Black says such false allegations set back the fight against rape and put a bad light on all people who speak out about being sexually violated, casting doubt on the validity of their statements.
The woman claimed a Maori or Pacific Island man talked his way into her home on Thursday. She said he was armed and subjected her to a two-and-a-half hour ordeal. Thirty police officers spent hours on the case. Yesterday, Detective Senior Sergeant Neil Grimstone says the public did not have to fear a gun-toting rapist as the attack did not happen.



NZ Herald

April 16 2007; 05:00

Outrage as police reveal brutal rape claim was a fake

by David Eames

Fear and apprehension have given way to anger among Papakura residents after a 41-year-old woman's claim that she was raped by an armed intruder was revealed to be false.
Detective Senior Sergeant Neil Grimstone yesterday said that after "a very extensive and thorough investigation", the three-day inquiry had been ended and the woman referred to "the appropriate health professionals".
"The public need not fear any gun-toting rapist," he said. "This attack simply did not happen."
The woman was in custody, and was to appear in Papakura District Court today charged with making a false statement.
Maximum penalties for the offence are three months in prison or a $2000 fine.
The woman claimed she was raped over 2 1/2 hours in her Duke St flat on Thursday afternoon by a Maori or Pacific Island man wearing a suit and claiming to be a police officer "conducting routine inquiries".
At its peak, the inquiry involved 30 police officers, who spent "quite significant" hours on the case, police spokesman Kev Loughlin said yesterday.
The extreme nature of the woman's claims had prompted police, from the outset, to investigate her and her allegations.
"I think the nature of the allegations that were being made necessitated a dual focus on the investigation," he said.
Mr Grimstone refused to speculate on why the woman made the false complaint, and would not comment on whether her claims had been triggered by recent negative publicity about police conduct.
"It's a sad and tragic case, and she has got some issues, to say the least."
News that the attack did not happen was no surprise to the woman's neighbour Roline van Wyk.
"I hate to be a doubting Thomas, but there was just something about her.
"I couldn't believe that something like this could happen."
Ms van Wyk said she had spoken to the woman a couple of times, and "she seemed pleasant enough".
But other neighbours spoken to by the Herald were angry because of the distress and inconvenience the woman's false complaint had caused.
"It makes me angry for the simple reason that those other people in those units [where the woman lived] must be absolutely livid," said Rose Lavell.
"Look what she has done to the community around here."
Another man, who did not want to be named, said the woman's actions were unacceptable.
"The police have been chasing around for somebody, and if it didn't happen, well, what a waste of time.
"I can't really see the point in it. What was she after?"
Another Papakura resident said the woman's actions could make it harder for genuine sex attack victims to speak up.
"What about all the ladies where it's genuine? That's shocking, it really is."
Rape Prevention Education director Kim McGregor said last night false rape complaints made it "very difficult" for those making genuine allegations.
The number of rapes was "hugely under-reported" - only about 10 per cent of victims laid official complaints.
False rape complaints were often "a call for help" and could indicate some type of past trauma, Dr McGregor said.
Victoria University criminologist Dr Jan Jordan said: "If it really is a false complaint, then it just helps to fuel the myth that most women who make complaints of rape to the police are lying. That's really unfortunate.
"It feeds into what's been called a culture of scepticism over rape allegations.
"Often the police will think it means that women are naturally devious and lying or vengeful, rather than perhaps looking at what the motivations are."
But some false complaints were made by women who had been sexually abused at an earlier time.
"Often they are trying to draw attention to the stress that they are feeling underneath, but they are doing it in a very indirect way ... that means no individual gets held responsible."
Little research had been done in New Zealand on what proportion of rape complaints were false.
But in Britain, government research put it at about 9 to 12 per cent - "although many detectives still think the figure is much higher than that".
Dr Jordan has previously told the Herald that police attitudes to rape stymie the investigation of many women's sexual assault complaints.
Elaborate hoaxes like the Papakura case were relatively rare but tended to receive extensive publicity and endured in police folklore, she said.
Waikato University senior psychology lecturer Dr Neville Robertson said such complaints were extremely rare.
Day by day
* Friday:
Police say a Papakura woman was "stripped naked and sexually violated" the previous day by an armed man wearing a suit who tricked his way into her flat. Detective Senior Sergeant Neil Grimstone describes the attack as "very disgusting and despicable".
* Saturday:
Police say the attacker approached the woman claiming to be a plain-clothes policeman. Mr Grimstone says the masquerade is "an extremely sinister development", and urges people to check the credentials of anyone claiming to be a police officer.
* Sunday:
Morning: Police say the attack was "a well planned and thought out criminal act", in which the offender asked for his victim by name.
Afternoon: Mr Grimstone reveals: "The public need not fear any gun-toting rapist. This attack simply did not happen."



The Dominion Post

April 16 2007; 05:00

'This attack did not happen

'Woman charged with false complaint
by Kim Ruscoe

A woman who claimed she was raped in a three-hour ordeal by a well-dressed armed intruder has been charged with making a false complaint.
Her harrowing allegations, which included claims that he was posing as a police officer, sparked fears in the Auckland suburb of Papakura and a police warning to the public to demand identification.
But inquiry head Detective Senior Sergeant Neil Grimstone said yesterday that the investigation - involving 30 detectives' time over three days - had been called off.
"I can allay any fears the public may have of any gun-toting rapist running around because this attack simply did not happen.
"This is a sad, tragic case and the woman concerned has been referred to the appropriate health professionals ... she's got some issues, to say the least."
The woman, 41, would appear in Papakura District Court today charged with making a false complaint.
The woman claimed an armed man posing as a plainclothes police officer had "tricked" his way into her Papakura home about midday on Thursday, saying he was conducting routine inquiries.
Police said yesterday morning that the woman told them the rapist had used her name when he knocked on the door.
But by yesterday afternoon Mr Grimstone had called a press conference to reveal the woman had been charged with making a false complaint.
Over the past three days, police officers, including criminal profilers, had carried out a "very extensive and thorough" investigation, he said.
That work - and information supplied by the woman yesterday - led to the investigation being called off.
"I've had an open mind on this right from the start," Mr Grimstone said. "It's been a thorough investigation, we've covered all the bases, we've done everything as if it was genuine."
He would not say if the physical injuries said to have been inflicted during the attack had been caused by the woman herself, who had undergone a medical examination after the rape claim.
Nor would he say if recent court cases revealing the sexual behaviour of some serving and former police officers had influenced her actions.
Auckland Sexual Abuse Help Foundation spokeswoman Kathryn McPhillips said false rape complaints eroded police and public empathy for genuine victims. But often those making the false complaints had a history of sexual abuse. "There's usually some story behind it."
Psychotherapist Marlyn Robson, who works with both sex offenders and victims, said that no other person was found to have been involved and the woman had been referred to health professionals, which suggested this was a "very sad, rather than bad" case.
There were mental conditions in which people hurt themselves then blamed someone else, she said. "This is certainly a weird one. People are likely to be angry."
False rape claims, which were rare, denigrated the experience of genuine rape victims, Dr Robson said.
Police figures show more than 400 people a year are charged with making false statements. A handful are charged with the more serious offence of fabricating evidence




Stuff

April 16 2007

Papakura rape 'did not happen'

by Kim Ruscoe

A woman who claimed she was raped in a three-hour ordeal by a well-dressed armed intruder has been charged with making a false complaint.
Her harrowing allegations, which included claims that he was posing as a police officer, sparked fears in the Auckland suburb of Papakura and a police warning to the public to demand identification.
But inquiry head Detective Senior Sergeant Neil Grimstone said yesterday that the investigation - involving 30 detectives' time over three days - had been called off.
"I can allay any fears the public may have of any gun-toting rapist running around because this attack simply did not happen.
"This is a sad, tragic case and the woman concerned has been referred to the appropriate health professionals ... she's got some issues, to say the least."
The woman, 41, would appear in Papakura District Court today charged with making a false complaint.
The woman claimed an armed man posing as a plainclothes police officer had "tricked" his way into her Papakura home about midday on Thursday, saying he was conducting routine inquiries.
Police said yesterday morning that the woman told them the rapist had used her name when he knocked on the door.
But by yesterday afternoon Mr Grimstone had called a press conference to reveal the woman had been charged with making a false complaint.
Over the past three days, police officers, including criminal profilers, had carried out a "very extensive and thorough" investigation, he said.
That work - and information supplied by the woman yesterday - led to the investigation being called off.
"I've had an open mind on this right from the start," Mr Grimstone said. "It's been a thorough investigation, we've covered all the bases, we've done everything as if it was genuine."
He would not say if the physical injuries said to have been inflicted during the attack had been caused by the woman herself, who had undergone a medical examination after the rape claim.
Nor would he say if recent court cases revealing the sexual behaviour of some serving and former police officers had influenced her actions.
Auckland Sexual Abuse Help Foundation spokeswoman Kathryn McPhillips said false rape complaints eroded police and public empathy for genuine victims. But often those making the false complaints had a history of sexual abuse. "There's usually some story behind it."
Psychotherapist Marlyn Robson, who works with both sex offenders and victims, said that no other person was found to have been involved and the woman had been referred to health professionals, which suggested this was a "very sad, rather than bad" case.
There were mental conditions in which people hurt themselves then blamed someone else, she said. "This is certainly a weird one. People are likely to be angry."
False rape claims, which were rare, denigrated the experience of genuine rape victims, Dr Robson said.
Police figures show more than 400 people a year are charged with making false statements. A handful are charged with the more serious offence of fabricating evidence.