Consent is still a legal defence to those charged with rape in New Zealand, even if the alleged victim was a child at the time
The interrogation of a victim who was accused in court of “consenting” to sex with an adult when she was 12 years old has placed New Zealand’s sexual assault laws in the spotlight, with advocates pushing for a total overhaul.
His defence utilised an element of New Zealand’s laws not widely understood by the public – that while the age of consent is broadly 16 years in New Zealand, consent is still a legal defence available to those charged with sexual violation by rape. Advocates say that should change, to ensure that children cannot be regarded as consenting parties to sexual activity with adults.
“When an adult has done this to you, and then another adult accuses you of it in court … that is layer upon layer of being the world turned upside down, where the rights of all of these adults to hurt you are sanctioned by the state.” “Has she detached herself from not remembering because she has regret? She was probably too young to appreciate it but that doesn’t mean she didn’t want to go along with it,” he said.
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