She's seen by some as "the other woman", but the lawyer at the centre of a sex scandal involving All Black Aaron Smith says she did not know he had a girlfriend at the time.

And the woman, whom the Herald has decided not to name, also said she had a lot of sympathy for the star halfback's partner, Teagan Voykovich, who stood by him after last year's toilet tryst.

"The media attacked both myself and Aaron and his partner, who I have a lot of sympathy for. She is the real victim," she told the Herald today.

The scandal erupted last year after Smith - clad in his All Black number ones - was overheard taking part in a sexual act in a Christchurch Airport disabled toilet with a woman who was not his partner.

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After the incident was made public the rugby star made a tearful public apology and said the incident was a one-off, but doubt has been cast on his version of events after The Daily Mail Australia this week revealed a series of apparent messages between the pair.

The messages indicated the pair had been in a sexual relationship for some time.

Aaron Smith, right, with his partner Teagan Voykovich, second from right, following an All Blacks test. Also pictured are All Black Julian Savea with his wife Fatima. Photo / Brett Phibbs
Aaron Smith, right, with his partner Teagan Voykovich, second from right, following an All Blacks test. Also pictured are All Black Julian Savea with his wife Fatima. Photo / Brett Phibbs

The woman claimed to the Herald that she had been seeing Smith a number of years before he met Voykovich.

"At the time of the airport I noticed his Facebook profile picture included a girl. I asked him if he had a girlfriend, and he wrote back and said no," she claimed.

The woman told TVNZ's Seven Sharp last night that Smith also contacted her and asked her to sign a sworn affidavit saying they did not have sex. He asked if it would help if he gave her money.

The woman refused and told him signing a false affidavit was illegal, which Smith understood, she claimed.

She didn't want to make a big deal about the offer, as it was made in desperation, she said.

Halfback Aaron Smith, during an All Blacks training session in Sydney this week. Photo / NZME
Halfback Aaron Smith, during an All Blacks training session in Sydney this week. Photo / NZME

However, she told Seven Sharp she was taking legal action against rugby bosses for defamation and breach of privacy.

Today, though, she said correspondence between her lawyer and New Zealand Rugby's lawyer was about lines of communication.

"I am not per se suing anybody. I'm trying to make them aware of what the situation was. When I tried to discuss directly with [Smith's agent] Warren [Alcock] he acted very professionally but he was acting in Aaron's interests, which was not my best interests.

"The NZR needed to be aware of my concerns."

Those concerns were that it be known Smith and her had been intimate for a number of years.

"There's a very big difference between people who have been intimate for years ... as opposed to complete strangers hooking up at an airport. Hey, at least judge me on the correct facts."

All Blacks coach Steve Hansen told a press conference this week the incident had already been dealt with and Smith would remain in the squad for tomorrow's Bledisloe test.

Last night NZ Rugby confirmed it was reopening an investigation into the scandal and an independent lawyer had been instructed.

No further comment would be made until the investigation was complete, according to the organisation.

Meanwhile, the woman - who received death threats last year and again this week - said she will "get on with my life".

"This is a ridiculous media circus. This isn't the Syrian war. People are saying name and shame - people have consensual sex, don't people know how babies are made?"

She understood public sex involving a high profile person was news, although she did not see Smith in that way.

"When I look at Aaron, I don't see a superstar or All Black."