[-]New Zealand’s second-largest political party wants to reverse the burden of proof in rape cases if it gets into power, making defendants prove their innocence to reduce the trauma suffered by victims. Andrew Little, the Labour Party’s justice spokesman, has outlined plans for a monumental shift in the justice system in the run-up to the country’s general elections in September. “The reason why many victims either dont lay a complaint or dont go through with one is fear of the court process and the likelihood of humiliation and re-victimisation,” he said. “A better measure would be to hand control of all examination of a victim to the judge with lawyers for both sides notifying the court which issues they want dealt with, along with shifting the burden of proof on the issue of consent to the defence. This approach does not contradict the fundamental principle that a defendant is innocent until proven guilty. In the UK and most other countries, the burden of proof is on the prosecution to establish a defendant’s guilt in a rape case, and juries can only convict if the crime has been proved beyond reasonable doubt.[-] independent.co.uk/news/world/australasia/accused-rapists-would-have-to-prove-consent-in-law-reversal-proposed-by-new-zealand-politicians-9592559.html
Posted on: Wed, 09 Jul 2014 04:43:17 +0000
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