'Insufficient evidence' and 'mishandling of evidence'
...its not equal too 'This did not happen'
Source: Stuff
Why the case bought before jury was closed
“The sexual encounter happened on the night of November 17, 2022 and spilled into the early hours of the following morning. The escort made a sexual assault complaint to police about a week-and-a-half later. Police decided not to proceed with a prosecution due to a lack of evidence, but did proceed with the blackmail prosecution after the public figure decided to press charges.”
“Not given a warning against self-incrimination by the trial judge. The evidence should not, therefore, have been before the court.”
“Any admissions made by [the public figure] at the first trial could have been improperly obtained and, if so, would likely be inadmissible against him.”
The direct impact of this is the removal of justice.
The victim is now facing a future where his voice filtered to protect the ‘presumption of innocence’ of a person who admitted assault.
“The public figure had not been charged and was entitled to the presumption of innocence, Judge Kellar said.”
Regardless if the accused is a public figure, his right to safety should be upheld and he has the right to fair trial. These are undeniable rights we all must honor.
“The escort told Stuff that the public figure had plainly admitted taking the condom off without his consent. He could not understand why the police would not be allowed to review this.”
‘Insufficient evidence’ and ‘Mishandling of Evidence’ doesn’t just protect identities it also buries our truth.
Assault is messy, it’s violent and confusing.
“The escort suggested he could go public about the encounter. Or book a holiday that he could not afford. A large sum of money was mentioned. The Crown alleges the messages show the escort is guilty of blackmail. The escort says he wants an apology for being sexually assaulted.”
The responsibility for the survivor to remain blameless in their approach to assault should not undermine their right to report or remove responsibility from the abuser.
Our goal with the MaiaAtaahua is to ensure reporting of sexual assault is handled correctly and with respect.
Maia
We are not statistics
Ataahua
We are loud voices demanding accountability and a pathway to justice.
LGBTQIA+ & Rainbow Support
OutLine Aotearoa https://outline.org.nz/
Services: Free, confidential peer support for rainbow identities. Includes a dedicated Conversion Practices Survivor Network.
Hohou Te Rongo Kahukura | Outing Violence https://kahukura.co.nz/
Services: Focuses on domestic and sexual violence within the Rainbow community. They offer a specialized ACC Sensitive Claims service tailored for LGBTQIA+ survivors.
RainbowYOUTH https://ry.org.nz/
Services: National youth-led support for queer, gender-diverse, and intersex young people.
InsideOUT Kōaro https://www.insideout.org.nz/
Services: Resources and support to make schools and communities safer for all rainbow young people.
Intersex Aotearoa https://intersexaotearoa.org/
Services: Advocacy and referrals specifically for intersex people and their whānau.
Sex Worker Rights & Safety
New Zealand Prostitutes’ Collective (NZPC) https://nzpc.org.nz/
Services: Advocate for the rights, safety, and health of all sex workers. They provide specialized support for workers who have experienced violence.
Safe to Talk (LGBTQIA+ & Sex Worker Inclusive) https://www.safetotalk.nz/
Services: The national 24/7 sexual harm helpline with specific pathways for LGBTQIA+ and sex worker communities.
Specific Guides for Survivors
“WHAT TO DO”: A Guide for Sex Workers New Zealand Police - Guide for Sex Workers
Details: A collaborative resource between NZPC and the NZ Police covering immediate safety and reporting options.
Victims Information - Sexual Violence Support https://sexualviolence.victimsinfo.govt.nz/
Details: A Ministry of Justice guide to help survivors and their supporters navigate the court process.