Victims of sex offending welcome shift on name suppression laws
by Anneke Smith · RNZThe government has proposed a major shift in name suppression laws that would put a stop to secrecy around the identities of sex offenders.
It wants survivors - not judges - to have the power to decide whether or not convicted sex offenders get permanent name suppression.
It comes as a former political figure, who is not a sitting MP, is about to be sentenced for sexually abusing two teenage boys in the late 1990s.
His name has been kept secret on an interim basis for 667 days and he is expected to ask the court for permanent name suppression on Friday.
One of the man's victims, Nathan*, will be there. He told RNZ that it was painful the offender's name suppression was still stopping him from openly talking about what happened.
"There's a lot of shame, a lot of pain ... not being able to speak the truth or freely discuss what's affected me and my life experiences isolates me.
"It makes me feel quite distanced from my community and society."
Helen*, the mother of the offender's other victim, said the secrecy around the man's identity had destroyed lives.
"We know what it's doing to his victims and he's walking around in public. That is just so wrong, it's so wrong.
"How can a person who's been found guilty in a court of law in our country be allowed to do this? It's just unbelievable."
The government's proposed law change would give survivors like Nathan the power to make a call on permanent name suppression, rather than a judge.
While this would not apply retrospectively, he said it was a great move.
"I was quite blown away to be honest ... immensely relieved survivors can speak to their truth and the perpetrators will be named.
"It's just ... relieving is really the best I can do. Just like a weight's shifted."
Justice Minister Paul Goldsmith said he could not speak to specific cases, but he had heard firsthand just how damaging protracted legal battles for secrecy could be.
"We're not basing this on any particular case but it's a frequent occurrence and it has a horrendous impact on the victims of this time because ultimately they're muffled in what they can say."
He believed the public had a right to know who had been convicted of sexual crimes, and said there had been an estimated 70 permanent name suppression orders granted in 2023 alone.
"It's gone too far in in practice and I think we need to tighten it up and really give some power to the victims."
On Friday, Prime Minister Christopher Luxon said the government was siding with victims.
"We're a government on the side of the victim, not the offender and if the victim doesn't want to see name suppresion - tough luck," he said.
Victims' advocate Ruth Money said it was welcome news, and she had been swamped with correspondence from survivors.
"They are so relieved. They feel heard, finally.
"I'm absolutely thrilled for this change. For far too many years, victims have felt gagged and like they're the ones that have been suppressed. So this finally gives them a voice in these decisions."
Money told Morning Report the move brought New Zealand in line with other countries, and appeals would still be allowed and covered by interim name suppression, Money said.
"If we don't have that relationship (publicised) then people can't poke around, and then upon conviction, let's say Bob Smith, I feel sorry for any Bob Smith's listening, but Bob Smith's name is then made public, that protects people moving forward and it also gives power and strength to that survivor who usually wants the person who has sexually abused them named.
"We're not talking about innocent til proven guilty here, we're talking about someone who has either plead guilty or been found guilty in front of a judge or jury, upon conviction you should be named."
But the Criminal Bar Association does not support the proposed changes.
Its vice-president Sumudu Thode said judges already took a victim's views into account and were best placed to make such decisions.
"A judge has the benefit of knowing why [defendants] are seeking name suppression and what evidence there is to support their submission as to why they should get name suppression.
'They have the legal background and expertise to be able to apply the law in a logical way."
Thode also raised concerns about the possible impact on appeal rights.
"For us to appeal a decision it has to be either because the decision-maker got something wrong in fact or in law.
"If all you get is a 'yes or a no' without a reasoned decision, then appealing that is difficult."
Thode told Morning Report victims voices were integral to the justice system, but they were already taken into account.
"The current laws allow victims views to be taken into account and the final decision should be the court's decision, as opposed to the victims."
The final form of the legislation is yet to take shape, with the bill still before a select committee.
The justice minister's office has confirmed the law change would apply to any crimes of a sexual nature.
*Nathan and Helen's names have been anonymised so as not to breach automatic name suppression for victims of sexual crimes.
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Where to get help for sexual violence:
Victim Support 0800 842 846
Rape Crisis 0800 88 33 00
HELP Call 24/7 (Auckland): 09 623 1700, (Wellington): 04 801 6655 - push 0 at the menu
Survivors Network of those Abused by Priests (SNAP) 022 344 0496