The court process after sexual violence

Everyone's experience of sexual violence and justice process is different. You may be coping with the impact of what has happened while also trying to understand what comes next. This page provides information about the court process and the support that may be available to you. You can read as much or as little as you need, and return to the information at any time. 

There are specialist support services available in Aotearoa New Zealand.

More information about supporting organisations(external link)

If a case does not go to court, or does not result in a conviction, this doesn’t mean the harm didn’t happen. These decisions are based on the evidence available and the legal test that must be met. They are not a measure of your worth, if people trust you, or your truth.

If charges are laid, there are several steps before the trial begins. This can take time. 

There is information available that provides an overview of the court process(external link) and explains information about sexual violence and name suppression(external link)

There are different services available to help you go through a court process.

Language and accessibility support 

• If English is not your first language, or you find it hard to understand, a free interpreter can be arranged for you. 
• If you are disabled or need support to communicate, access information, or take part in the court process, help is available. Court staff, the police officer in charge of your case, or your personal support worker can help identify and arrange the support you need. Depending on your circumstances, a communications assistant may also be available.
• Courts must take reasonable steps to help you take part fully and safely.  

Court Victim Advisors and Sexual Violence Victim Advisors 

A court victim advisor is a support person who can help you understand and prepare for the court process after the defendant’s first court appearance. A court victim advisor will: 

• explain the court process, legal words, and the roles of court staff
• explain your rights and options
• help you prepare for being a witness and answer your questions about what to expect
• show you the courtroom or CCTV room and talk through other ways of giving evidence if you’re worried about seeing the defendant. 

Sexual violence victim advisors do the same role as court victim advisors but are specialised in supporting victim-survivors of sexual violence through the court process. They are trained and experienced in sexual violence matters, and can provide additional help like assisting you with your victim impact statement
 
Find out more about court staff that can help you
 
You can also call the Victims Information Line who can help you contact your court victim advisor or can direct you to other support services in your area.

• Freephone: 0800 650 654 (24/7 support)

Sometimes a judge may refer a case to restorative justice. This is a meeting between the victim-survivor, offender, support people and other approved people, such as community representatives or interpreters. 
 
Restorative justice is only suggested when the offender has pled, or has been found, guilty.  
You don’t have to participate in restorative justice if you don’t want to. For restorative justice to happen, both the victim-survivor and offender must be willing to take part. 
 
Restorative justice gives people affected by harm the opportunity to talk about: 

• what happened
• what impact it has had
• what may help put things right. 

Specialist facilitators will contact both parties to see if it is appropriate to proceed and will be able to explain the process to you if a restorative justice referral is made. 
 
The national specialised provider for sexual violence restorative justice is Project Restore(external link)

If a restorative justice meeting goes ahead, their role is to help ensure you feel safe and supported through the process. 

If the crime was committed by someone younger than 17 years old, the matter will go through the youth justice system. The youth justice process includes a family group conference which brings together the victim-survivor, the person who caused harm, and whānau and professionals. 

More information about the youth justice system 

More information about Family Group Conferences

In some cases, a court decision can be appealed to. This could include a conviction, sentence or other direction made by a judge. 
 
An appeal means a higher court looks at the decision again. The higher court will decide whether the decision should stay the same or be changed. 
 
If this happens, the police or your Court Victim Advisor can explain the process to you.  
 
 Victims' Guide to Appeals | Crown Law(external link)
 
More information about the Court of Appeal

Whatever you decide to do next, support is available. You can take things one step at a time and choose the options that feel right for you.

Find support and resources

More information about supporting someone

Victims Information | For People Affected by Sexual Violence(external link)