File image. Photo: RNZ / Samuel Rillstone
The Helen Clark Foundation is calling for better laws to protect victims of sexual violence in New Zealand, labelling current practices "inadequate".
A report released today by the foundation has highlighted four areas that it says will create "practical, meaningful and lasting change".
In a media release, the Helen Clark Foundation said Ministry of Justice figures show sexual violence was one of the most "pervasive and damaging" forms of offending in the country - with 24 percent of adults reporting they had experienced it in their lifetime.
It said about 209,000 sexual assaults happen every year and affect 82,000 victims.
Just 10 percent of those assaults are reported to police and children, young people, Māori, sexual and gender minorities, and disabled people are disproportionately affected, it continued.
Former New Zealand prime minister and foundation patron Helen Clark said research showed New Zealand's laws and practices remain "inadequate" despite many governments attempting to tackle the issue.
Former New Zealand prime minister and foundation patron Helen Clark. Photo: RNZ / Cole Eastham-Farrelly
"Sexual violence, in its many forms, causes deep harm, not only to individual survivors, but also to whānau, communities, and society as a whole," Clark said.
"New Zealand will never have a fair, inclusive society while so many New Zealanders, especially women, are subject to sexual violence.
"Our research identifies several important gaps in New Zealand law that we must close to increase access to justice for victims and reduce offending. We owe it to the nearly one in four New Zealand adults who have experienced sexual violence in their lifetime to take action."
The areas for change identified in the report Addressing Sexual Violence in New Zealand are:
- Closing the gaps in the justice system to reduce underreporting of sexual violence and increase the number of cases continuing to resolution
- Updating the definition of consent in law to an affirmative 'yes means yes' consent model
- Addressing the harm caused by sexually-explicit deepfakes
- Eradicating the practice of 'virginity testing' in New Zealand
The foundation said these changes could be made within existing law or would have potential for support from multiple parties for changes in the law.
Closing the gaps
The foundation recommended the increased reporting of sexual violence and reducing the number of cases that don't continue to prosecution, trial or verdict.
The press release said the report made a number of suggestions for making it easier to report sexual crimes to police and provide necessary information and support to survivors.
Only 'yes' should mean yes
The press release said current laws only allows for assumed consent in some cases and didn't define consent.
"Today's report recommends adopting an affirmative consent model in law, to define when sexual consent is or is not given, in line with today's modern society."
Ban deepfake abuse
"The foundation recommends the adoption, with a small modification, of the Deepfake Digital Harm and Exploitation Bill (2025), which modifies the Crimes Act and the Harmful Digital Communications Act to include AI-generated imagery in the definition of 'intimate visual recording'."
Eradicate 'virgin testing'
The press release said 'virgin testing' determines whether a woman or girl has had sex.
"Despite being inaccurate and harmful, it continues to be practiced throughout the world and is likely occurring in New Zealand. Today's report calls for the New Zealand government to eradicate the discriminatory and inhumane practice."
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