By AINSLEY THOMSON
The Ministry of Justice is looking at law changes which would ban defendants cross-examining alleged victims of sexual crimes directly.
A case being heard in the High Court at Christchurch - in which an 18-year-old woman has been cross-examined for three days by the man accused of abducting and raping her - has highlighted the issue.
Jason John Cumming, 29, unemployed, denies eight charges of sexual violation by rape, sexual violation by unlawful sexual connection, attempted sexual violation, abduction for sex, two of assault with a weapon and two of assault.
The charges relate to an eight-day period in October last year.
The woman says she was kept naked and chained and was burned, beaten and forced to have sex up to 10 times a day at Cumming's flat.
The ministry says the review of the relevant law has been going for some time and is not in response to the Cumming case.
In August 1999, the Law Commission published a draft code that would bar an accused person cross-examining a complainant in such situations. It recommended that the accused should put questions to the complainant through the judge or a person appointed by the judge.
This week's court case has raised concern among advocacy groups.
Rape Crisis is concerned that it will deter rape victims coming forward.
Spokeswoman Margaret Crook said already only 2 per cent of rape cases were reported to the police, and this would drop further if the victim had to face being questioned by the accused in court.
Ms Crook said Rape Crisis would welcome a law change that protected rape victims. The use of video links or screens or having questions put through a third person were possibilities, she said.
Victim Support also supports a law change, but would like to see the accused completely barred from questioning the victim.
Chief executive Steve Caldwell said allowing accused rapists to question the complainant was intimidatory and the judicial system should protect vulnerable witnesses.
However, removing the right of the accused to cross-examine the complainant has alarmed civil libertarians.
Council for Civil Liberties chairman Michael Bott said it would erode the presumption of innocence until proven guilty, which was enshrined in the Bill of Rights.
Mr Bott said the court acts as an efficient gatekeeper in preventing improper questioning.
Auckland Women Lawyers Association said the accused should not be allowed to personally cross-examine the victim.
Spokeswoman Antonia Fisher said that in Queensland, the Northern Territory, England and Scotland the accused could no longer personally cross-examine the rape complainant.
She said the law was changed in England after a case in 1997 where the complainant was cross-examined for six days by the accused. The victim later described the ordeal as "like being raped twice, once in his filthy den and once in front of a judge and a jury in a British court of law".
Justice Minister Phil Goff said he was unable to comment until the Christchurch case had been completed.
Accused's right to question examined
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