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Home / New Zealand

Rape claims arduous - counsellor

By Erin Kavanagh-Hall erin.kavanagh-hall@age.co.nz
Wairarapa Times-Age·
14 Oct, 2014 09:30 PM3 mins to read

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The reasons why a rape survivor would withdraw a complaint are many, say Wairarapa sexual-assault care workers but "they made it up" is rarely one of them.

Wairarapa Rape Crisis co-ordinator Michelle Ihaka said she had worked with rape survivors who retracted their statements to police, often because they were under pressure to report their assault, or feared being revictimised by the justice system.

Sexual violence counsellor Kay Wilton said victims also feared upsetting their family if a rape was reported.

Their comments follow last week's "Tinder rape case" -- a 28-year-old New Zealand woman was allegedly raped in Sydney by a group of men after she met a man on the dating app Tinder.

She withdrew her complaint to New South Wales police.

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Ms Ihaka said it was unlikely the woman fabricated her story.

She said she got angry when she heard people saying, "Oh, she made it up."

"It's not uncommon for a victim to retract their complaint and there are hundreds of reasons why."

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In her experience, victims could often retract a complaint after being initially persuaded to contact police.

"She'll be told, 'You absolutely have to go to the police' so she'll disclose it in the heat of the moment.

"But she doesn't feel like she can go through the system, or go to court."

Ms Ihaka said the court process could be brutalising for rape survivors. Many feared facing their attacker in court, being blamed for the attack, or being forced to prove their attacker's guilt. "It's his word against hers. It's disgusting. They are revictimised. I have to be honest and let my clients know what's ahead of them if they want to take it to trial."

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Ms Wilton said she had also worked with women who found the court system "too scary and too much".

However, she had also worked with victims who had a greater fear of their loved ones' reaction and whose families had coerced them into withdrawing their statement.

"I had a client whose family got angry and wanted her to retract the statement, as it was causing a flow-on effect," said Ms Wilton

"People don't want to embarrass their family. That pressure can be powerful."

Victims also feared the complaints process would cause difficulty for their partners, or they would be judged by their peers if alcohol was involved.

"She is put on trial as much as the perpetrator. Not just in court, but by those closest to her."

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At Rape Crisis, Ms Ihaka said her service has a good relationship with Wairarapa police, and detectives took all factors into consideration if a victim withdrew her statement.

However, some victims could feel pressured by police to see the complaint through.

"The police will want to hold the criminal to account. But if a survivor tells me, 'I can't do it', I will fight 100 per cent for them if they want to take it back."

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