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I/V w/ Frances Joychild, QC Barrister: January 16, 2019

I/V w/ Frances Joychild, QC Barrister: January 16, 2019

I/V w/ Frances Joychild, QC Barrister: January 16, 2019 I/V w/ Frances Joychild, QC Barrister: January 16, 2019, 14.66 MB
Wednesday, January 16, 2019

TW: This involves discussion of sexual violence, including rape, and the criminal court process that follows when someone reports an assault.

In the latest Sunday Star Times, Allison Mau has conducted an investigation into the criminal court process of sexual violence cases. Mau spoke to a number of different people in this field to see what people thought of the current process. A number of people believe it is not only ineffective resulting in an extremely low number of convictions comparable to the number of assaults, but it is also spoken of as a process that re-traumatizes the victim. One of the issues that was raised is the judgment by jury, and the removal of a jury in these cases was floated as a solution.

 

Frances Joychild is a Queen’s Counsel Barrister in Auckland and has worked on human rights law for the past 33 years. Some of the areas she focuses on are refugee work, work for beneficiaries or housing corporation tenants, and sexual harassment and sexual violence. Joychild does not do criminal prosecution, but civil cases. This focuses on people who do not want to go through the criminal courts but want to seek justice through different methods. This could look like mediation between the accused and the victim and is still a legal process but does not end up in a criminal conviction. Instead, it looks like recompensation in whatever form is decided. Lillian Hanly spoke to Frances to find out more about these possibilities, what a civil legal process actually looks like, and why she prefers this method.