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Book Published: From “Real Rape” to Real Justice: Prosecuting Rape in New Zealand

Editors: Elisabeth McDonald and Yvette Tinsley

Publisher: Victoria University Press

ISBN: 978-0-864736-96-3

Publication: December 2011

Price: $60.00 (RRP)

Pages: 565


This is a collection of essays. The authors were funded by the New Zealand Law Foundation and worked in collaboration with the Law Commission to research possible reforms of the pre-trial and trial processes in cases of sexual offending. The book makes an extensive investigation of foreign and New Zealand practices and presents recommendations for changes to the current system.


Elisabeth McDonald is an Associate Professor of Law at Victoria University of Wellington and Yvette Tinsley is a Reader in the Faculty of Law at Victoria University of Wellington.


Jeremy Finn (Professor, School of Law, University of Canterbury)

Elisabeth McDonald (Associate Professor, Faculty of Law, Victoria University of Wellington)

Rachel Souness (Professional Practice Fellow, Legal Issues Centre, University of Otago)

Yvette Tinsley (Reader, Faculty of Law, Victoria University of Wellington)

Table of Contents



Chapter 1 – Executive Summary of Recommendations

Chapter 2 – From “real rape” to real justice in New Zealand Aotearoa: The reform project (Elisabeth McDonald and Rachel Souness)

Chapter 3 – The current process for prosecuting sexual offences (Yvette Tinsley)

Chapter 4 – The potential impact of other proposed reforms on processes in sexual violence cases (Jeremy Finn, Elisabeth McDonald and Yvette Tinsley)

Chapter 5 – Investigation and the decision to prosecute in sexual violence cases (Yvette Tinsley)

Chapter 6 – Complainant desire for information, consultation and support: How to respond and who should provide? (Elisabeth McDonald)

Chapter 7 – Identifying and qualifying the decision-maker: The case for specialization (Jeremy Finn, Elisabeth McDonald and Yvette Tinsley)

Chapter 8 – Evidence issues (Elisabeth McDonald and Yvette Tinsley)

Chapter 9 – Rejecting “one size fits all”: Recommending a range of responses (Elisabeth McDonald and Yvette Tinsley)


A – German Criminal Procedure

B – Austrian Criminal Procedure

C – Dutch Criminal Procedure

D – Danish Criminal Procedure

E – Swedish Criminal Procedure

F – Consultative Workshop Commentators and Participators



Last updated on the 11th May 2012