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
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.
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