Merepeka Raukawa-Tait: Lifting name suppression means victims can emerge from the shadows

Sophie Brown, one of the Christchurch victims in the Mama Hooch case, successfully sought to have name suppression lifted. Photo / Jason Oxenham

OPINION

I am often asked why women and girls who have been sexually assaulted, violated and raped don’t always come forward and report the incident to the police.

Research has shown that until recently this was not unusual.

And those cases that did get reported to the police were likely to be just the tip of the iceberg. It isn’t hard to understand. Ask any woman who has gone to the police to report sexual assault about what she experienced.

Sadly, in the past, many regretted that they did.

Things have thankfully changed now and the police and courts have taken the necessary steps to ensure sexual assault victims are not re-victimised by the way the authorities handle complaints.

Their guidelines and policies reflect the changes sought by victim advocates and the police now have officers especially trained who know what to do when sexual assault cases are reported.

They treat all complaints seriously now and are sensitive in their handling of what can be a life-changing experience for many complainants. I never hear remarks such as, “She must have asked for it’' or ‘‘she shouldn’t have been there in the first place” anymore.

I have always thought about how courageous the women and girls are who do come forward to make these types of complaints.

Just going through the reporting process with the police and knowing honest answers must be given to the questions put to them, particularly about their own sexual experiences, is distressing, let alone reliving the traumatic assault in the criminal court.

I suspect complainants of these heinous crimes must think long and hard before they make their decision to talk to the police. But the more people come forward, the more they help those who may only have been thinking about it.

We are now seeing more women, when their case has been successfully dealt with in court, applying to have their automatic name suppression lifted. They were not to blame for what happened to them and they don’t want to live in the shadow of that experience.

They don’t want to be defined by it either.

Justice Minister Kiri Allan last month announced the Government will introduce a Bill that includes giving greater choice to victims of sexual violence around name suppression decisions.

The process to lift name suppression in the criminal court should be explained and clarified at the time of trial and when to have it lifted.

She said: “The kind of transformation the criminal justice system needs will take time, but we are committed to delivering for victims”.

And some victims are committed to delivering for themselves and others too.

Sophie Brown, one of the Christchurch victims in the Mama Hooch case, successfully sought to have name suppression lifted. She waited four years to see justice done. Brothers Danny and Roberto Jaz stood trial on a raft of sex charges, including stupefying and rape, against multiple victims.

On May 26, Danny Jaz was found guilty of stupefying Brown and sexual assault.

Jodie Nicoll hopes to help other women who have been victims of sexual abuse to speak out. Photo / Paul Taylor

And the Rotorua Daily Post Weekend reported this month that Jodie Nicoll took the extraordinary step of asking the High Court to lift her automatic name suppression so she could speak publicly for the first time. Jodie was 3 when her sexual abuser - stepfather Bernard Stothers - touched her for the first time. She was 8 when he started raping her repeatedly. The offending went on for nearly three decades.

I believe other women will now follow suit and want their automatic name suppression lifted, possibly at the start of the trial, rather than at the end.

Name suppression was always about preventing victim identification that could result in undue hardship for them.

If an application is made, the court takes into account the victim’s age and whether the victim understands the nature and effect of the suppression lifting decision.

There may be other women in the Mama Hooch case who will now seek to have name suppression lifted. Sophie Brown was the first to act. And Jodie Brown’s story might also empower other complainants to step forward.

It takes extreme courage to take the lead so that others can follow.

Kia kaha Jodie and Sophie.

SEXUAL HARM

Where to get help:

If it’s an emergency and you feel that you or someone else is at risk, call 111.

If you’ve ever experienced sexual assault or abuse and need to talk to someone, contact Safe to Talk confidentially, any time 24/7:

• Call 0800 044 334

• Text 4334

• Email support@safetotalk.nz

• For more info or to web chat visit safetotalk.nz

Alternatively, contact police by calling 105 or contact your local police station - click here for a list.

If you have been sexually assaulted, remember it’s not your fault.

Merepeka Raukawa-Tait has worked in the private, public and non-profit sectors. Today she writes, broadcasts and is a regular social issues commentator on TV. Of Te Arawa, Merepeka believes fearless advocacy for equity and equality has the potential to change lives.