Pathways to recovery – Part 3

Commissioned by The Ministry of Women’s Affairs

Authors: Venezia Kingi and Jan Jordan with Tess Moeke-Maxwell and Peggy Fairbairn-Dunlop

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Return to Responding to sexual violence research reports

This document is made up of five parts.

PART 1 1.0 to 2.9 Introduction

PART 2 3.0 to 3.8 Case studies

PART 3 4.0 to 6.6 Research findings

PART 4 7.0 to 9.4 Research findings

PART 5 10.0 to 11.6 Research findings

 

Contents

PART THREE: Research findings
4       Experience of sexual violence
4.1    Introduction
4.2    The assault
4.3    Initial disclosure
4.4    Support and assistance
4.5    Summary

5       Reporting sexual violence to the police
5.1    Introduction
5.2    Reporting to police
5.3    Formal interview
5.4    Obtaining evidence
5.5    Ongoing contact with police
5.6    Experience of police processes
5.7    Making reporting and formal interviews easier
5.8    Outcome of reporting to the police
5.9    Support and assistance
5.10    Withdrawal from police processes
5.11    Summary

6       Forensic medical examination
6.1    Introduction
6.2    Those who did not have a medical examination
6.3    Forensic examination
6.4    Generic medical care
6.5    Support and assistance
6.6    Summary

List of tables

Table 4: Where the sexual assault occurred (n=74)1 
Table 5: Nature of relationship between victim/survivors (n=69) and known perpetrators   
Table 6: Who victim/survivor told first (n=74)   
Table 7: Time between assault and disclosure (n=57)   
Table 8: Reasons for disclosing at this time (n=56) 
Table 9: Repeat family violence assaults (n=33)   
Table 10: Helpful and unhelpful responses to disclosure of sexual assault   
Table 11: What victim/survivors found helpful (n=41)   
Table 12: What victim/survivors found unhelpful (n=23)  
Table 13: Reasons for not reporting to the police (n=35)   
Table 14: Reasons for reporting (n=37)
Table 15: Whose idea it was to report to police (n=30)   
Table 16: Time between assault and reporting (n=30)
Table 17: Experience of previous sexual assault (child, n=25; adult, n=39; none, n=10) by reporting to police and concerns about this
Table 18: Nature of concerns about reporting (n=19)   
Table 19: Police treatment of victim/survivors at the reporting and formal interview stages of the police process (n=36; n=33)   
Table 20: Respondents’ feelings at the reporting and formal interview stages of the police process (n=36; n=33)   
Table 21: Making police processes easier (n=30; n=25)   
Table 22: Outcome of reporting to the police (n=37)   
Table 23: Sources of support during reporting, formal interview, and when case did not proceed (n=19; n=14; n=18)   
Table 24: Helpful police responses (n=24)  
Table 25: Unhelpful police responses (n=18)   
Table 26: Doctor’s treatment of victim/survivor (n=11)   
Table 27: Victim/survivors’ feelings at the time of exam (n=11)   

 

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PART THREE: Research findings

4    Experience of sexual violence

4.1    Introduction

Victim/survivors’ experiences of sexual violence can be shaped by the environment in which these experiences occur and whether they know their offender. This chapter describes where the assault took place, the relationship to the perpetrator(s), who victim/survivors first disclosed to, and their reasons for disclosing at that particular time.

4.2    The assault

Research participants (n=75) were not asked to describe the nature of the sexual violence they had experienced, but they were asked questions relating to their assault. Their responses are set out below.

4.2.1    Location
Table 4 shows that more than three-quarters of the assaults took place in an environment familiar to victim/survivors: their home; the perpetrator’s home, or the home of a friend or family/whānau member. The possible reason for this becomes clearer when we discuss the relationship between the victim/survivor and offender. However, almost one-fifth of participants (including the six who said they did not know the offender) reported that they had been assaulted in a public place, including in cars, in a car park, in a park and on the street.

Table 4: Where the sexual assault occurred (n=74)1

Place	n	%2
Own home	47	64
Public place3	13	18
Perpetrator’s home	5	7
Family/whānau or friend’s home	4	5
Bar, club, nightclub, hotel	2	3
Other4	3	4

Notes
1    Data were missing for one respondent.
2    Percentages do not total 100 because of rounding.
3    ‘Public place’ included three respondents who were assaulted in cars (including a taxi) and one who was assaulted at a school.
4    The ‘other’ category included a gang pad, an empty house and a stranger’s house.

 

Most participants (89 percent) reported that they were assaulted by a single perpetrator, three were assaulted by two perpetrators, and three were assaulted by more than two perpetrators. All but two perpetrators were men.

4.2.2    Perpetrator
Almost all (n=69; 92 percent) participants knew or could identify the person or people who had sexually assaulted them; they knew them personally or as someone they had seen ‘around’. The nature of these relationships is set out in Table 5.

Table 5: Nature of relationship between victim/survivors (n=69) and known perpetrators

Relationship	n1	%2
Ex-partner	17	25
Current partner	14	20
Family/whānau3	10	14
Acquaintance	10	14
Friend4	7	10
Family friend	5	7
Employer	2	3
Neighbour	2	3
Other5	3	4

Notes

1    Numbers do not total 69 because one respondent described two perpetrators – one as an acquaintance and the other as a friend.
2    Percentages do not total 100 because of rounding.
3    The family/whānau mentioned included fathers/stepfathers, sister’s boyfriend, brothers and cousins.
4    ‘Friend’ included one respondent who was assaulted by three school friends who offered her a lift home when she was drunk. At the time her memory of the incident was hazy and she only found out who her assailants were about a year later.
5    ‘Other’ was made up of perpetrators in the community who were familiar to the victim/survivor and a perpetrator whom the victim/survivor had ‘met that night’ but who she could not remember meeting.

 

The sexual assault of more than half (n=41; 59 percent) of the victim/survivors in this study can be categorised as ‘family violence’ because of the nature of their relationship with the perpetrator (i.e. current or ex-partner, family/whānau). Only six out of 75 could be categorised as ‘stranger’ assaults, including one sex-worker who had been attacked by a client.
The data in Table 5 allow us to hypothesise that it was common for victim/survivors in this sample to have been sexually assaulted by someone with whom they could expect to have a relationship of ‘trust’: the majority had had, or were, at the time of the assault, in a close relationship with the perpetrator.

4.3    Initial disclosure

Research participants were asked who the first person was they told about the sexual assault. Their responses are set out in Table 6.

Table 6: Who victim/survivor told first (n=74)

First person told	n1	%2
Family/whānau3	20	35
Friend	19	33
Counsellor4	11	19
Police	7	12
Partner	4	7
Doctor/psychiatrist	4	7
Lawyer	3	5
Colleague	2	4
Women’s Refuge	2	4
Specialist sexual violence agency	2	4
Church leader	2	4
Other5	5	9

Notes
1    One respondent did not tell anyone about the assault until the police found out independently and visited her house. Numbers do not total 74.
2    Percentages do not total 100 because multiple responses could be given.
3    ‘Family/whānau’ were usually female members of the family such as mothers, aunties, cousins, daughters or sisters.
4    Multiple responses usually included a counsellor and another such as a medical professional, friend or family member.
5    ‘Other’ included a teacher, passer-by, fellow guest at a hotel, and fellow support group member. Data were missing for one respondent.

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For more than two-thirds (68 percent) of research participants, the first person they told about the sexual assault was a family/whānau member (n=20; 35 percent) or a close friend (n=19; 33 percent). The next person victim/survivors most often confided in was a counsellor (n=11; 19 percent). Only seven, including one male victim/survivor, said they reported to the police before they told anyone else.

4.3.1    Time between assault and disclosure
Equal numbers of interviewees (n=19 or 33 percent) said they told someone about the assault within the first 24 hours or within the week after it had happened. One respondent did not voluntarily tell anyone.

Table 7: Time between assault and disclosure (n=57)

Time-frame	n	%1
Less than 24 hours	19	33
1–7 days2	19	33
8–14 days	1	2
1–6 months	3	5
1–5 years	4	7
6–10 years	5	9
More than 11 years3	6	11

Notes
1    Percentages do not total 100 because of rounding.
2    Fourteen out of the 19 in this group disclosed 1–2 days (n=10) or 3–4 days (n=4) after the assault.
3    The time-frames in this category ranged from 15 years to 40 years.

 

As mentioned in chapter 2, approximately one-third of the 58 interviewees were aged under 20 when the assault occurred and almost two-thirds were aged under 30. Eleven out of 19 who were aged under 20 disclosed within 24 hours (n=7) or within a week (n=4) of the assault. Seven out of the remaining eight did not disclose to anyone until more than six years later.

Fifteen interviewees reported that they had not told anyone about the sexual assault(s) until more than 12 months after the incident(s). This was predominantly a young group at the time of the assault, all were aged under 30 and seven were aged under 20. They were mostly victim/survivors of ‘family violence’; two-thirds (n=10) had been assaulted by a partner (6 out of 15) or a family/whānau member (4 out of 15).

Pacific women were the only group where all disclosed the assault within 24 hours (4 out of 8) or within a week (4 out of 8). Conversely, only one of the male interviewees reported within 24 hours – the remaining three, all of whom were aged under 20 when assaulted, did not tell anyone about the assault until more than six years later.

Fourteen out of the 15 victim/survivors who did not disclose the sexual abuse for several years after it had happened had experienced sexual abuse previously. More than two-thirds of this group (9 out of 14) had been abused in childhood. In comparison, seven out of the eight interviewees for whom this had been their first experience of sexual assault disclosed the incident within the first 24 hours (n=5) or within the week (n=2).

4.3.2    Reasons for disclosure
Interviewees were asked why they decided to tell someone about the sexual assault at this time. Their responses are set out in Table 8.

Table 8: Reasons for disclosing at this time (n=56)

Reasons	n	%1
Wanted someone to know/needed to tell someone	14	25
Not coping/breakdown	7	13
Others noticed something was wrong	6	11
Couldn’t believe what had happened	5	9
It was time to stop the cycle (violence/sexual abuse)	5	9
Fear of perpetrator	3	5
Needed medical attention	4	7
During counselling/support group session	3	5
Suicidal	3	5
Applying for protection order	3	5
Other2	3	5

Notes
1    Percentages do not total 100 because of rounding.
2    The ‘other’ category included one respondent who for the first time was able to identify what had happened was sexual assault, another who disclosed to the police during a discussion about something else, and another who was afraid his interest with internet pornography might indicate he was becoming a perpetrator.

 

One-quarter said that they had wanted someone to know what had happened so they could get support or advice or to make sure others knew about the perpetrator. The next most common reason was that they were not coping at the time or had had a ‘breakdown’. It was not unusual for an extreme situation, such as a breakdown, to precede disclosure of sexual assault. Similarly, contemplating or attempting suicide could result in a victim/survivor’s disclosure. Eleven percent of victim/survivors said that someone close to them had noticed that something was wrong and had asked them what it was – this led to disclosure of the assault. Some said they disclosed because they could not believe what had happened; they felt self-doubt and wanted validation of their experience from an independent source.

Leaving a violent relationship and wanting to the break the cycle of violence and abuse was often the catalyst that led to some disclosing the sexual violence.

I had finally decided to leave him before he killed me. And I knew that I would probably have to fight him in court for my kids. It was time for me to stand up and not just accept this as part of my life. Also, the abuse had started in Samoa where I had no support. We were now in New Zealand where I had my mother, brother and sisters, so now I had support.

These victim/survivors clearly now felt safe and supported, as did those who had disclosed during the therapeutic process (counselling or support groups).

Family violence
The 33 interviewees who had been assaulted by an ex-partner, current partner or family/whānau member were asked if they had been sexually assaulted by this person before – more than two-thirds (n=23; 70 percent) said ‘yes’. The numbers responding ‘yes’ for the different relationships are set out in Table 9.

Table 9: Repeat family violence assaults (n=33)

Perpetrator	Yes
	n	%
Current partner (n=13)	9	69
Ex-partner (n=10)	8	80
Family/whānau (=10)	6	60

The incidence of repeat sexual assault was higher for those who had experienced intimate partner violence than for those who had been assaulted by a family/whānau member.

These 23 interviewees, who included one male, were then asked why they had decided to tell someone about the sexual violence this particular time. Four disclosed when they ended the relationship and so felt safe to disclose, and nine had decided that they could not take any more of this treatment.

I used to just handle it and I thought this needs to stop.

I really felt I could have died this time. A majority of the time he had me on the bed he had a knife up to me. He had lubed a bottle with oil ready to stick up inside me and smash so I couldn’t sleep with anybody. He had come prepared with his own knife this time.

Five interviewees said they had disclosed this time because they had decided they needed help, two had disclosed when suicidal, and another two had disclosed to someone who asked them what was wrong. One woman, who also had experienced intimate partner violence, said, ‘I had been at a training workshop and for the first time identified that what had happened [to me] was sexual assault’. Her comment signals the critical importance of recognising, defining and naming sexual violence as a precursor to taking steps towards self-empowerment and well-being.

4.4    Support and assistance

The majority (n=65; 87 percent) of research participants agreed that the person they told first about the assault gave them the support that they needed at that time.
The type of support most often mentioned was non-judgemental listening and belief, support and advice.

Interviewees were asked about helpful and unhelpful responses made by the person or people they disclosed to. It was not unusual for them to mention both types of responses. However, overall, victim/survivors found responses to their disclosure of sexual assault helpful, from informal and formal sources. See Table 10 for a breakdown of sources most often disclosed to and victim/survivors’ assessments of responses.

Table 10: Helpful and unhelpful responses to disclosure of sexual assault

First person told	Helpful		Unhelpful
	n	%	n	%
Informal
Family/whānau (n=20)	15	75	7	35
Friend (n=19)	10	53	6	32
Counsellor (n=11)	7	64	5	46
Partner (n=4)	3	75	2	50
Colleague (n=2)	1	50	0	0
Formal
Doctor/psychiatrist (n=4)	4	100	2	50
Police (n=7)	3	43	2	29
Lawyer (n=3)	3	100	2	67
Women’s Refuge (n=2)	1	50	0	0
Specialist sexual violence agency (n=2)	1	50	0	0
Church leader (n=2)	1	50	0	0

 

4.4.1    Helpful responses
Almost three-quarters of interviewees (41 out of 57) said that the person they disclosed to had done something they found really helpful (see Table 11.) The responses they most valued were listening and believing and being supportive and understanding.

[They] listened to me. Did not force me to rush or go to the police. Told me my rights. Respected my culture and did not make assumptions about me. They also put me in touch with counselling, financial help, and who are the most respectful doctors.

Interviewees also valued practical help, and being helped in their interactions with the police by someone making the initial contact for them or accompanying them to report. Two respondents said that those they had first told had validated their experience by ‘naming or labelling’ what had happened to them as ‘sexual assault’ and/or ‘criminal’.

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Table 11: What victim/survivors found helpful (n=41)

Response	n1	%2
Listening and believing	13	31
Supporting and understanding	13	31
Practical help3	12	29
Help with police (reporting or supporting)	7	17
Advice4	3	7
Labelling assault as criminal (helped with self-doubt)	2	5
Other5	4	10

Notes
1    One interviewee did not disclose to anyone. Numbers do not total 41 because participants often mentioned more than one thing they found really helpful.
2    Percentages do not total 100 because interviewees often mentioned more than one thing they found really helpful.
3    ‘Practical help’ included child minding, telling others so the victim/survivor did not have to, taking the victim/survivor to the doctor, giving the victim/survivor a place to stay, and helping the victim/survivor to get a protection order and to contact support services, such as Rape Crisis and Women’s Refuge.
4    ‘Advice’ was helping the victim/survivor decide what to do next.
5    ‘Other’ included hugs, being non-judgemental, and injecting humour into the situation.

 

Not surprisingly, the responses to the disclosures that interviewees most valued were listening and believing and being supportive and understanding.

[They] listened to me. Did not force me to rush or go to the police. Told me my rights. Respected my culture and did not make assumptions about me. They also put me in touch with counselling, financial help, and who are the most respectful doctors.

Practical help was also valued, as was being helped in their interactions with the police by someone either making the initial contact for them or accompanying them to report. Two respondents said that those they had first told had validated their experience by ‘naming or labelling’ what had happened to them as ‘sexual assault’ and/or ‘criminal’.
 
4.4.2    Unhelpful responses
Twenty-three interviewees said the person they had disclosed to had done something they found unhelpful (see Table 12).

 

Table 12: What victim/survivors found unhelpful (n=23)

Response	n1	%2
Not supportive/understanding/interested	14	61
Bad advice	3	13
Judgemental/disbelieving	3	13
Telling others without permission	2	9
Other3	3	13

Notes
1    Numbers do not total 23 because multiple responses could be given.
2    Percentages do not total 100 because multiple responses could be given.
3    ‘Other’ included a lack of interim counselling services and no information on support services.

 

Not surprisingly, the things that victim/survivors found unhelpful were the opposite of those that they had found helpful (see Table 11). Those confided in were unsupportive, uninterested, or judgemental and disbelieving, and offered bad advice rather than helping the victim/survivor make her own decisions based on good advice.

Basically they listened, then the gist of their advice was to go back to him, ‘He is a nice man; give him another chance’. I did not expect that from a professional counselling service. In fact, I thought to myself ‘Is this the kind of rubbish they are selling other sexually abused women?’

My family said that I just had to keep on going with my marriage. I felt stupid and ashamed.

4.4.3    More helpful forms of support
Interviewees were asked what people could have said or done differently at this stage that might have helped or supported them more. Almost three-fifths (n=33; 59 percent) reported there was nothing more anyone could have said or done at that stage that would have helped. Those who thought they could have been better supported mainly talked about the issues that were mentioned previously. They reiterated the importance of being listened to and believed, and being encouraged and supported to report to police, to become involved with a service/counsellor, or to leave a violent relationship. They wanted what they had disclosed to be kept private, unless they asked someone to inform others on their behalf. They did not want to be judged, and they wanted to be told that what had happened to them ‘was not okay’.

4.5    Summary

This chapter has given an overview of the rape/sexual assault incidents experienced by participants. Most incidents occurred in the victim/survivor’s home, and were perpetrated by a person they knew well, typically a current or ex-partner, family member or acquaintance. Two-thirds disclosed the incident within a week of its occurring, most often to a family member or friend. Fifteen interviewees said that they had not told anyone about the sexual assault(s) until more than 12 months after the incident(s) – these were mostly victim/survivors of ‘family violence’.

Victim/survivors disclosed primarily to obtain support and to let others know about the perpetrator. Most felt the person they first disclosed to gave them what they needed by listening and believing them, and providing help and understanding.
The response victim/survivors found the most unhelpful was when those they told conveyed a lack of support, understanding or interest in what was disclosed.

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5    Reporting sexual violence to the police

5.1    Introduction

As discussed in chapter 2, all victim/survivors in this study had disclosed a rape/sexual assault to police, a support agency or a professional any time from 2000. This date was selected in recognition of the potentially significant changes to practice that were introduced in the late 1990s in order to ensure the experiences canvassed had all occurred after the introduction of these measures. The most significant change within policing was the New Zealand Police Adult Sexual Assault Investigation Policy, which was introduced in 1998 and sought to ensure greater consistency in police responses nationwide and a more victim-centred approach to rape investigations.

It is a well-established fact that few people who experience sexual assault report their experience to the police. This is true internationally as well as in New Zealand. In this chapter we explore the factors that victim/survivors consider when deciding whether or not to report to the police. We also describe the experiences, treatment and levels of satisfaction with the process of those who decided that they wanted to report to the police.

5.2    Reporting to police

An early key decision facing victim/survivors of sexual violence is whether to report the violence to the police. Thirty-six of the 75 research participants said they had reported an incident of sexual violence to the police since 2000. An equal number did not report to the police.

5.2.1    Deciding whether to report
In this study, Pacific participants were least likely to report to the police (1 out of 8), followed by Māori (9 out of 21). New Zealand European participants were most likely to report (19 out of 37). Neither of the transgender participants reported to the police. Three out of the four male participants did report to the police.

Reasons for not reporting
Only seven interviewees who had not reported to the police said they had considered reporting. The 36 who did not report were then asked why they decided not to report the sexual assault to the police. Their responses are in Table 13.

Table 13: Reasons for not reporting to the police (n=35)1

Reasons	n2	%3
Afraid wouldn’t be believed	17	49
Effect on family/whānau	16	46
Shame/whakamā	12	34
Fear of offender	12	34
Felt it was my fault	11	31
Relationship with offender(s)	10	29
Fear/distrust of legal system	9	26
Didn’t think it was a crime	8	23
Previous experience with police	8	23
Threats	6	17
Discouraged by others	4	11
Other4	4	11

Notes
1    Data were missing for one respondent.
2    Numbers do not total 35 because multiple responses could be given.
3    Percentages do not total 100 because multiple responses could be given.
4    ‘Other’ included ethnic or cultural reasons, 'could not remember perpetrator’s name’, ‘it would not have helped the healing process’, and ‘just wanted to forget it’.

Respondents often gave multiple responses, but the main reasons for not reporting were that victim/survivors were afraid that they would not be believed, the effect on the family/whānau, shame/whakamā and fear of the offender., More than one-quarter also said that the nature of their relationship with the perpetrator prevented them from reporting. It is also interesting to note that the reason next most often mentioned for not reporting was the participant’s fear that in some way they were responsible for the assault. Perhaps these findings are not surprising considering the number in the sample whose assault involved ‘family violence’ incidents.

Reasons for reporting
As previously mentioned, 36 research participants reported to the police. However, when the incident was family violence-related, sometimes only the physical violence was reported.

It involved my children and I just reported the violence. I didn’t think that they’d believe me if I told them about the sexual assault.

In another situation, the victim/survivor reported the sexual assault to the police to facilitate her application for a protection order through the Family Court. Although the police encouraged her to make a formal complaint, her lawyer advised her not to do this because it would blur the issues around the application for the protection order. The order was her priority, so she followed the lawyer’s advice.

Respondents gave a variety of reasons for deciding to report to the police (see Table 14).

Table 14: Reasons for reporting (n=37)1

Reason	n2	%
Didn’t want offender to get away with it	15	41
To protect others	14	38
Scared of repeat	7	19
Felt I should	6	16
Expedite protection order application	2	5
Other3	3	8

Notes
1    This includes the 36 who reported to the police and the one respondent who came to the police’s notice when someone else reported.
2    Numbers do not total 37 because multiple responses could be given.
3    “Other’ includes a respondent’s partner stopping a police car coming down the street, the police telling the respondent they ‘were going to lay charges no matter what [she did]’ after a gang rape, and a possible drug rape when the respondent wanted ‘forensics’ to establish what had occurred.

 

Reasons most frequently mentioned were not wanting perpetrators to get away with what they had done and not wanting others to be exposed to the risk of assault.

I didn’t report the rape until about three months later, when I made a second statement. I was numb and confused and I think I was still protecting [the perpetrator] initially.

Whose idea to report
When asked whose idea it was to report the sexual assault, 30 interviewees indicated that, for the most part, it was their idea.

Table 15: Whose idea it was to report to police (n=30)

Idea to report	n	%
Own1	18	60
Friend	6	20
Family/whānau	4	13
Other2	4	13

Notes
1    Two respondents said that it was their idea and that of a friend or family.
2    ‘Other’ includes a passer-by, a current partner, a specialist sexual violence agency together with a doctor, and a computer shop owner.

 

More than three-quarters of interviewees who reported to the police (23 out of 30) said that they reported the assault themselves, although others might also have made enquiries on the victim/survivor’s behalf. One commented ‘I didn’t realise that my daughter had already phoned the day before’.

Three interviewees said a friend reported, and one said her current partner reported. Another said a family/whānau member reported. Others who reported the assault included a doctor who phoned first, people who gave help after the assault, a computer shop owner, and a lawyer.

Only one of the seven who did not make the report to the police was unhappy about it being reported, ‘I felt that I would rather have kept it in-house’. Other comments were more positive.

Don’t know if I would have done it but I was in shock so rolled with it.

[I was] happy. Wasn’t ready for it but never would have been. But pleased it was reported.

The last quotation was from a victim/survivor whose assault came to the attention of the police in an atypical manner. A computer belonging to the offender had been taken into a computer shop for repair and the shop owner had noticed some stored images indicating sexual abuse of several victim/survivors and contacted the police.

Time between assault and reporting
Interviewees were asked how long after the assault they reported to the police. Their responses are set out in Table 16.
 

Table 16: Time between assault and reporting (n=30)

Time-frame	n	%1
Less than 24 hours	9	30
1–7 days	12	40
1–5 months	3	10
6–11 months	1	3
1–5 years	1	3
6–10 years	2	7
11 years or more2	2	7

Notes
1    Percentages do not total 100 because of rounding.
2    The group with more than 10 years between the assault and reporting comprised one interviewee who disclosed 39 years after the assault and one who disclosed 40 years after.

 

The majority who reported to the police did so on the same day or within a week of being assaulted. However, five interviewees did not report the abuse to the police until several to many years later.

It was about 39 years later – six to eight months after I’d had a ‘melt down’.

As mentioned in the previous chapter, there were several participants in this research whose assault could be categorised as ‘family violence’. This had the potential to affect, to some extent, reporting to police. In three out of five cases in which victim/survivors did not report to the police until several years after the assault, two perpetrators were family/whānau members and one was a current partner at the time of the assault.

5.2.2    Reporting process
The initial contact with police was usually made in person at the police station (18 out of 30) or approaching police in public (3 out of 30). In other cases, initial contact was made by telephone (9 out of 30); three of these calls were 111 emergency calls. Of those who made phone calls to the police or emergency systems, five were at home when the call was placed, three were at a hospital and one was in public.

Victim/survivors’ first contact was with a detective (n=13) or a uniformed officer (n=13) or a combination of the two (n=4). In 19 cases, the police officers were men, and in four cases there were male and female officers. In seven cases, first contact was with female police officers.

I was happy that she was female. I talked to males later – they struggled to get details from me.

Six female interviewees said they would have liked to have dealt with someone of a different gender: four had dealt with male officers, one had dealt with a female officer, and another one had dealt with a male and a female officer.

It’s easier to talk to females, I found it hard to tell him stuff especially about how I had wet my jeans.

The majority of police officers were New Zealand European. In two cases they were Māori and in another two Asian; only one Pacific police officer was involved. Victim/survivors were predominantly satisfied with the ethnicity of the police officer with whom they had first contact. Two Māori and one New Zealand European interviewee, all of whom dealt with New Zealand European police officers, were not happy with the ethnicity of the police officers.

Almost two-thirds of interviewees (n=17; 58 percent) said the initial reporting of the assault had taken less than one hour, a further six said it had taken one to two hours. The remaining seven said it had taken longer than two hours, including two for whom the process lasted over four hours. In at least one case the initial and formal reporting process had taken place on the same day.

Participants were asked if they thought they had had enough information at the time to know more or less what would happen when they reported to the police – 19 out of 30 said ‘no’.

I had no idea what would happen. But I had an expectation I would be treated decently. I did it out of panic.

I had no ideas what would happen and they weren’t very helpful. They left immediately to go and find the [perpetrator].

Those who said that they knew what the process would entail did not elaborate to any great extent, although one said she ‘thought’ she knew what would happen and another remarked ‘It’s only common sense’.

Concerns about reporting
Even though they had decided to report to the police, approximately two-thirds of interviewees expressed having concerns about this process. Interviewees who were most likely to voice concerns were New Zealand European (13 out of 17) followed by Māori (4 out of 7).

Only 10 victim/survivors did not have a prior history of sexual assault. As shown in Table 17, they were most likely to report the assault to the police.

Table 17: Experience of previous sexual assault (child, n=25; adult, n=39; none, n=10) by reporting to police and concerns about this

Reporting	Previous sexual assault1
	Including as child (n=25)		As adult (n=39)		None (n=10)
	n	%	n	%	n	%
Reported to police	9/25	36	19/39	49	8/10	80
Concerned about reporting	5/9	56	10/19	53	4/8	50

Note
1    Data were missing for one interviewee.

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There were few differences in whether victim/survivors had concerns about reporting to the police – more than half of each group reported this, although, perhaps not surprisingly, victim/survivors who had been sexually assaulted as children were slightly more likely to be apprehensive about reporting. The nature of the concerns interviewees expressed are set out in Table 18.

Table 18: Nature of concerns about reporting (n=19)

Concerns	n	%
Wouldn’t believe me1	7	37
Previous experience	3	16
Lack of trust in police	3	16
Shame/embarrassment	3	16
Other2	3	16

Notes
1    The ‘wouldn’t believe me’ category included one interviewee for whom there were two perpetrators and one who reported her partner’s physical violence but not sexual violence.
2    ‘Other’ included interviewees who said they were unsure about what had happened, they did not want anyone to know, or they were in denial.

Interviewees’ concerns relating to reporting to the police mirror those of the cohort who did not report. They were concerned that the police would not believe them, they had had previous negative experiences with the police, they did not trust the police, or they were ashamed and/or embarrassed about what had happened.

I think it was just a bit more scary telling them and knowing that I’d have to go to court, and whether they’d believe me or not. I think that was the biggest thing.

[It was] because of my experience with the police in 2001 when I had previously been raped. [Perpetrator] had spiked my drink, and my friends said that I had to go to the police. The police were atrocious and didn’t believe me.

One Māori woman’s views of the police that had led to her concerns had been influenced by the media.

[I’d] imagined it would be similar to TV. [I’d be] treated like a suspect – and I was not sure if they knew about sexual abuse and if they’d be sympathetic. I don’t entirely trust police – the Louise Nicholas case didn’t help anything. I’ve also heard statistics of how many police are involved in domestic violence. I felt the police were untrustworthy.

One male interviewee explained why he did not think he would be believed and how his sense of pride was at stake.

Being an ex-gang member and having trained in karate I didn’t think they would believe me.

5.3    Formal interview

Thirty-three research participants underwent a formal interview process (i.e. made a statement) with the police. This process results in a more detailed record of the sexual violence, which plays an integral role in the identification, apprehension and successful conviction of a perpetrator. Formal interviews were usually undertaken at a police station, by a detective or detectives, sometimes with uniformed officers in attendance.

5.3.1    Process
As with the initial reporting experience the majority of police detectives or police officers who conducted formal interviews were men (19 out of 33 interviewees reported this). Four interviewees said they were interviewed by a female detective and a further four said the interview had been carried out by two police officers – a man and a woman. Approximately one-third (n=10; 30 percent) said they would have preferred to be interviewed by someone of another gender – this usually indicated a preference for a female detective or police officer. Eleven interviewees specifically commented that they had dealt with the same police officer or officers to whom they had initially reported.

Formal interviews were mainly recorded by being handwritten (15 out of 33) or typed (6 out of 33). Only three victim/survivors had their statement audio recorded, and one was videoed. Only two thought they had been given a choice in this matter.
The other six said they could not remember how their statement was recorded.

5.3.2    Time taken
More than two-thirds of those who made a formal statement (23 out of 33) remembered how long this process had taken. Not surprisingly, this had taken longer on average than the process of initial reporting; three-quarters said it had taken one to four hours to complete the interview. Two said it had taken less than one hour, and four said it had taken more than four hours. As mentioned in the previous section, at least one victim/survivor had gone through the entire process (initial reporting, forensic examination and formal interview) in one day.

I was fine with that time, yeah. It took the whole day – he came and picked me up from the hospital and took me to the [police] station.

5.3.3    Degree of openness with police
The majority of the 28 interviewees who had made a formal statement (n=23; 82 percent) said they felt able to talk freely to the police and tell them everything they wanted to. However, the process was exhausting.

I did, but there were bits that were difficult – he was an emotionless young looking Pākehā officer. I remember getting overwhelmed with embarrassment – it was exhausting.

Yeah but some of it was like personal and embarrassing and I did struggle a wee bit. Yeah because probably well he was a man you know and it was a small room as well and you’re sort of like probably this close to him, yeah.

Three of those who said they could not be completely open with the police talked about their own fear and prejudice in relation to the police, having to talk to a male officer and thinking that the police would not believe ‘the sexual abuse stuff’.

Twenty-three participants said they felt that by the time they had completed the formal interview process they had been given all the information they needed to know what would happen next.

Four participants said they had not been well informed at this stage.

I didn’t have a clue.

[I] should have been told that there was a chance that the case wouldn’t proceed as there was only a two-year age difference between the perpetrator and victim.

5.4    Obtaining evidence

Seven interviewees who were sexually assaulted in their own homes commented on how the police’s need to obtain evidence from the scene had affected them. Most were matter of fact about it. Two said they could not remember, just that property had been taken for evidence.

I can’t remember too much about that, but they took the knife and the clothes I was assaulted in. I had had a shower and changed my clothes.

Another was more affected by the process.

When I got home I was told that I wasn’t allowed to stay because it was a crime scene. It was such a shock walking into my house to find all my belongings packed into brown paper bags. I didn’t know what it meant for the house to be a crime scene. There was that tape across the front, and police everywhere. I was totally shocked. They should have warned me about that.

Eleven said that the police had kept some of their property for evidence, mainly clothing and bedding. In other cases a knife was taken, a watch, a carpet and a glass one perpetrator had used.

They took my favourite skirt, pantyhose, underwear, sheet off my bed that had DNA on it.

They had bags and bags, my bedding, clothes, glass he drank from – I’m not sure, there was so much stuff they took.

Five of the 11 said that they were fine with this as it would ‘help prove’ their case. However, the remainder described their feelings as ‘devastated’, ‘angry’, ‘hurt’, ‘lost’, ‘yuk’ and said that this was a distressing and often painful experience.

I understood the need to take things for evidence, but I felt lost and hurt and angry – the evidence bags were awful. They left such a mess of my house – they didn’t even clean up any of that black powder they left all over the two front windows.

Nine of the 11 said that the police had told them that their property was being taken for evidence because ‘they couldn’t prove it was [the perpetrator] without it’. One interviewee said that although she had not been told at the time it was happening, she thought that ‘at some point’ she had been told why the police took her property.

Four said their property had been returned, usually after the trial. Two said it did not bother them; the other two said they destroyed the property as soon as they got it.

I received my clothes after the trial and burnt them one hour later. It was cathartic.

Three of the seven who had said they did not get their property back said they had told the police they did not want it.

They offered it, but I asked them to throw it away. I didn’t want it.

They asked me if I wanted it back. That was worse than actually them taking it. But they have to and I said ‘burn it’ and he goes ‘I thought you’d say that’. But then even thinking they’re going to burn it, hoping they [do] burn it, it’s all this stuff you know.

A further two said they did not know what had happened to their property, and in another two cases the police kept the property in case other evidence emerged or the perpetrator re-offended.

It was kept by the police even though the case did not proceed. The police said that they suspected he had done it before and would do it again, so they needed to keep everything as evidence.

5.5    Ongoing contact with police

Twenty-seven of the 33 victim/survivors who took part in the formal interview process said they had had more contact with the police after this. One could not remember. More than half said that this contact had been initiated by the police; four said they had contacted the police first, and eight said it was a two-way interaction. All except two said they dealt with the same police officer throughout the process.

More than two-thirds (70 percent) said they felt the police had kept them ‘fully’ (n=16) or ‘partly’ (n=3) informed of the progress of their case.

5.6    Experience of police processes

Research participants were asked about their experience of police processes. This included how the police treated them and what they were feeling at the time.

5.6.1    Police treatment
Research participants were asked how they were treated by the police when they first reported and during the process of the formal interview (Table 19).

Table 19: Police treatment of victim/survivors at the reporting and formal interview stages of the police process (n=36; n=33)

	Stage
	Reporting (n=36)		Formal interview (n=33)
Treatment	n	%	n	%
Understanding	17	44	15	45
Professional	17	44	17	45
Warm	16	36	13	36
Respectful/considerate	6	17	9	27
Cold/insensitive/clinical	4	11	2	6
Disbelieving	2	6	0	0
Other2	2	44	2	6

Notes
1    Numbers do not total 36 and 33 because multiple responses could be given.
2    ‘Other’ included ‘aggressive’ and ‘trustworthy’ at the reporting stage and ‘supportive’ at the interview stage.

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Most victim/survivors made positive comments on how they were treated by the police; police had been ‘understanding’, ‘professional’, ‘warm’, ‘respectful’ and ‘considerate’. It was not unusual for respondents to describe them as ‘just lovely’.

He was lovely and helpful. He did make me feel good and helped to calm me down and said I was doing the right thing by coming in. So he was really helpful.

They were good when I gave my statement. They gave me the time to answer questions. Like they didn’t rush me to answer questions and they stopped if I wanted to stop and let me go outside, I was smoking at that time, so I could have a cigarette, yeah. So there was no pressure.

However, a minority described the police as ‘cold’, ‘insensitive’, ‘clinical’ and ‘disbelieving’, particularly at the reporting stage.

He told me it was my fault.

He didn’t even get out of his car.

5.6.2    Victim/survivors’ feelings
Interviewees were also asked how they had felt at different stages of the police process; their responses are set out in Table 20.

Table 20: Respondents’ feelings at the reporting and formal interview stages of the police process (n=36; n=33)

	Stage
	Reporting (n=36)		Formal interview (n=33)
Feelings	n	%	n	%
Scared/nervous	12	36	7	21
Spaced out/dissociated	10	28	7	21
Angry	6	17	7	21
Confused	6	17	3	9
Embarrassed/ashamed	6	17	10	30
Disbelieving	6	17	4	12
Loss of control	6	17	1	3
Determined	5	14	5	15
Positive	3	8	3	9
Emotional	3	8	4	12
Other2	4	11	3	9

Notes
1    Numbers do not total 36 and 33 because multiple responses could be given.
2    At the reporting stage ‘other’ included uncared for, sick, distraught, and in shock. At the interview stage ‘other’ included pressured, sick, disgusted.

 

It is no surprise that respondents reported mostly negative feelings about reporting the sexual assault to the police and giving a formal interview. They were particularly apprehensive (n=12; 36 percent) and dissociated (n=10; 28 percent) at the point of reporting, and only marginally less so at the interview stage.

I was nervous because I knew the police have got so much more to worry about and I didn’t want to bother them.

Conversely, when it was time to reveal the nature of the assault in more detail at the formal interview, more respondents reported feelings of whakamā or shame, embarrassment and self-blame.

When I reported all the clinical details of the situation I started to measure my level of blame.
I felt disgust about what happened when I was remembering. I focused on how I could have prevented being in that situation.

Another respondent said that she could just not find the words to explain what had happened to her.

It was difficult to be specific with words and getting words out to describe the abuse.’

A male respondent made a particularly poignant observation.

I felt like my soul had been stolen.

Positive feelings referred to by respondents included ‘validated’, ‘secure’, ‘relieved’ (n=2) and ‘alright with the process’ (n=2). One Pacific respondent whose complaint did not result in charges being laid, commented about the initial reporting process.

I guess I felt a little bit secure in the thought that what had happened was not a stupid drunk thing that I did. It took a big part in me believing that I was not to blame – it was validating for me.

5.7    Making reporting and formal interviews easier

Interviewees who had reported to the police and made a formal statement were asked what, if anything, could be done to make these processes easier for sexual assault complainants (see Table 21).

Table 21: Making police processes easier (n=30; n=25)

  

	Stage
	Reporting (n=30)1		Formal interview (n=25)1
Changes	n	%	n	%
More female officers	5	17	1	4
More friendly/less sterile environment	4	13	6	24
More information about processes	3	10	0	0
Specially trained staff	2	7	2	8
Less judgemental/more supportive	1	3	3	12
Support complainant/family	1	3	1	4
Less pressured time-frame for interviews	0	0	3	12
Less directive method of interviewing	1	3	1	4
Other2	5	17	0	0

Notes
1    Data for eight interviewees were missing.
2    ‘Other’ included matching the gender and ethnicity of complainant and police officer, having a more user friendly telephone system, being allowed to contact a counsellor before laying a complaint, and contacting specialist sexual violence agency at this stage.

 

The experiences of interviewees meant most had ideas on how police reporting and formal interview processes could be improved. The themes were similar across the two stages but to varying degrees. For example, interviewees felt it was important that their first contact with the police should be with a female officer.

If it had been a woman I probably would have said a lot more

Definitely need a female officer. Someone with warmth. I felt the male cop was very serious and had no warmth; he just went for the facts.

However, by the time of the formal interview the relationship they had with the police officer they had been dealing with (male or female) was the most important thing.

The provision of more information was important at the initial reporting stage (especially for male victim/survivors) and the availability of specifically trained staff at both stages.

They need more sexual survivors’ advocates specialising in male survivors.

The environment at the police station was mentioned as being important, particularly the lack of privacy and comfort in police waiting areas and the sterile, unfriendly interview rooms.

It was a bit strange telling about it at a public counter in earshot of other people. There’s no privacy.

There was a plastic box in the corner with kids’ toys; but it was not comfortable – it was like a prison.

Four interviewees said they would have liked the police to be less judgemental and more supportive of them. One said the police she had dealt with needed ‘an attitude change’. Another felt it would have been nice if police could have been a little more encouraging and offered a little bit of hope about the outcome. Instead she felt they assumed she would get any positive messages from Victim Support.

They need to attend to the physical environment – show some type of awareness that this is a difficult thing to talk about. Privacy and a safe physical environment are important. They need police officers that are genuine and warm and a better way of police asking questions. There needs to be an acknowledgment that this is a difficult thing to talk about.

Eleven interviewees said they could not think of anything that would make reporting to the police easier, they were not necessarily critical of the process, although one complained of the length of time things took to happen. Another who had worked as a sex-worker up until the age of 18 years commented:

I don’t know because I’m so open about this sort of thing. It has become a normalised thing for me.

Only seven interviewees said they could not think of anything that would make undergoing the formal interview process easier – it was alright as it was and they ‘couldn’t think of anything’ or ‘It’s just one of those things you’ve got to do’.

It was done just right. I was taken care of and looked after. We had breaks. They brought in food and drink. I could bring in special things to help me.

5.8    Outcome of reporting to the police

The outcome for those whose assault was reported to the police varied. In 17 out of 37 cases (46 percent) there was no formal outcome (i.e. arrest, charge or prosecution) (see Table 22). In 19 cases (51 percent, including 6 out of 11 cases of intimate partner violence) investigations were undertaken, formal charges were laid and the case proceeded through the criminal justice system. Two-thirds of these cases proceeded to trial and the perpetrators pled guilty in the remaining one-third.

Table 22: Outcome of reporting to the police (n=37)

Outcome	n1	%
Formal
Case proceeded to trial	12	32
Suspect pled guilty2	7	19
Other
No charges laid3	9	24
No complaint laid4	5	14
Suspect not identified	3	8
Other5	1	3

Notes
1    This number includes all those who reported plus one who did not report but the police found out about her assault in another way.
2    ‘Suspect pled guilty’ usually happened at depositions, while awaiting trial or at trial.
3    ‘No charges laid’ included cases where the suspect had been identified but there was not enough evidence to lay charges.
4    ‘No complaint laid’ was a case where, after the initial reporting process, the victim/survivor did not lay a formal complaint or go ahead with a formal interview.
5    ‘Other’ was a case not investigated by police.

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Assaults reported by New Zealand European victim/survivors were more likely to result in formal outcomes than those reported by Māori or Pacific victim/survivors (59 percent compared with 33 percent and 0 percent respectively). This finding should be viewed with caution because it might be a function of the circumstances surrounding the sexual violence rather than because of ethnicity per se. For example, the perpetrator could not be identified in three cases, including the case of the only Pacific interviewee who reported, and no charges were laid in another three cases involving Māori.

In the 12 cases where there was no formal outcome (i.e. arrest, charge or prosecution), victim/survivors were asked how they felt about this – nine were dissatisfied with the outcome. They felt ‘angry’, ‘cheated’, ‘disillusioned’ and ‘terrible’, and were ‘fuming’ and ‘gutted’. One respondent who had reported only her partner’s physical violence because she was afraid the police would not believe her if she said he had also sexually assaulted her, had her fears vindicated.

[I felt] terrible. [The police] said I was being vindictive and they chose to accept his story.

Two of the three were more philosophical about the outcomes of their cases.

At the time I was fine – I didn’t want to know. I felt safer not knowing who the perpetrators were.

It is what I expected; I knew I didn’t have enough evidence.

5.8.1    Satisfaction with the police
All participants who had contact with the police were asked to rate retrospectively their level of satisfaction with the way the police had dealt with them.

More than two-thirds (68 percent) said they were ‘satisfied’ (n=9) or ‘very satisfied’ (n=16) with how they had been treated. Only four indicated dissatisfaction.

Not surprisingly, in cases where a guilty plea was subsequently entered by the accused, victim/survivors rated initial interactions with the police highly (at 4 or 5). Apart from that there was no clear relationship between the outcome of reporting to the police and the victim/survivors’ reported level of satisfaction. For example, they were just as likely to rate levels of satisfaction at 3 (neither satisfied nor dissatisfied) if there were no charges laid or if the case went to trial (n=3 for both).

5.9    Support and assistance

Victim/survivors who reported to the police were asked whether they had had support during all stages of this process, and if so, who had provided this. Those whose case did not proceed to prosecution were also asked if they had had support to help them deal with their feelings at that time (see Table 23, the column labelled ‘Ongoing’). Their responses are set out in Table 23.

The sources of support were similar across all post-assault stages: family/whānau, friends and professional support. The support of family/whānau and specialist sexual violence agencies was a constant across the police process for participants who had this support, although specialist sexual violence agencies played more of a role at the formal interview stage. It is interesting, but not unexpected, to note that more victim/survivors had the support of counsellors at the latter stages of the police process. The indication that this source of support was ongoing points to victim/survivors seeking professional help to work through the affects of the abuse on their road to recovery.

Table 23: Sources of support during reporting, formal interview, and when case did not proceed (n=19; n=14; n=18) 

	Stage2
	Reporting (n=19)		Formal interview (n=14)		Ongoing (n=18)
Source of support1	n	%	n	%	n	%
Family/whānau	6	32	3	21	8	44
Friend	6	32	4	29	4	22
Specialist sexual violence agency	5	26	9	64	5	28
Partner	2	11	0	0	1	6
Counsellor	1	5	0	0	8	44
Other3	2	11	1	7	3	17

Notes
1    Multiple sources of support referred to were commonly combinations of specialist sexual violence agencies/counsellors and/or families/friends.
2    Numbers vary for this question depending on the circumstances for each respondent and because multiple responses could be given.
3    ‘Other’ included a passer-by, support group worker, generic community group, doctor, psychiatrist and psychologist.

 

All except one of those who had had support when reporting to the police or having a formal interview said it had been helpful. One stated, ‘I’d have been lost without her’. However, some found it difficult when the support person could not be in the interview room with them.

They weren’t allowed in the room with me I felt like I wanted them with me because I just felt really scared because you know I couldn’t believe it, I wanted my friends there. But in hindsight I can see why because they were all witnesses. Just knowing they were outside was comforting.

Another provided some insight into the difficulties faced by those who had experienced sexual assault at the hands of a family/whānau member. She stated her appreciation for her sister’s support.

My sister waited for the police to arrest him and then came in. You feel like a burden because it’s happened so many times before but they still come around to help.

One respondent who was put in touch with Victim Support felt the assistance was not directed at her needs, so was not helpful.

When the assault was first reported, the police called in a Victim Support person who came to my home. The woman kept talking about my kitten, and I just wanted to tell her to shut up. She wasn’t helpful at all.

The types of support victim/survivors received and their views of support systems are described more fully below and in detail in chapter 8.

5.9.1    Practical and emotional support received
All participants in the survey and interviews were asked to comment on whatever practical and emotional support they received to help them manage police processes. Twenty-seven participants answered this question.

Three respondents said they received no support at all, while 24 said they had.
Of the 24, 10 said they had received emotional and practical support, 10 emotional support only, and 4 practical support only.

In terms of who provided the support, a wide variety of sources was mentioned with many respondents referring to multiple sources. Most commonly cited were a counsellor (n=7), a specialist sexual violence agency (n=5), and family/whānau (n=5), followed by other formal agencies (n=4), friends (n=4), partners (n=2) and police (n=2). Other sources of support mentioned included a church pastor and an employer.

Having others accompany them and be there for them was important to many participants, with emotional support on this level being greatly appreciated.

I could feel the ‘warm heart’ from the police lady’s face and what she was saying.’

The form of practical support most often mentioned was transport to the police station and/or court.

They went with me to the police, they went with me to the court – one woman opened up her house to me and I had only spoken to her on the phone once. I went to stay with her and it’s actually my safety house now, no one knows where it is. It’s out of town because I’m a country girl.

Another said she felt supported by an agency, her counsellor and a girlfriend.

My girlfriend, a really good friend who was involved in the case. It was her birthday party where it happened. She would come and stay at my house and she would like hang out with me and she was just, we were such good friends … she picked me up and took me places.

5.9.2    Helpful police responses
Participants who had undergone a formal interview process were asked if there was anything that the police had done at any stage they found helpful. Almost
three-quarters (24 out of 33) said ‘yes’.

Approximately two-fifths of respondents said that the police that they had dealt with had been supportive, and around one-quarter commented that this support had been ongoing.

Just constantly, like he’d ring and see if I was okay.
After we came back from the hospital the discussion I had with the lady detective – she was warm and supportive.

Table 24: Helpful police responses (n=24)

Response	n1	%
Supportive	9	38
Believing	6	25
Ongoing support	6	25
Supplied information	4	17
Non-judgemental listening	3	13
Considerate	2	8
Understanding/warm	2	8
Kind and appropriate	2	8

Notes
1    Numbers do not total 24 because multiple responses could be given.

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Respondents also appreciated when the police made them feel believed and did not judge them.

At that stage, yeah, he was really nice and he believed me.

They didn’t judge me. I was quite young, and they were very neutral. When people in the [ethnic] community wanted to give me money to drop the charges, I felt I trusted him enough to call him back. The police worked with me to come up with a safety plan.

Respondents said it was helpful when they were provided with information about their options, police processes and the progress of their case.

Before I gave the statement, I got information about my options and that it was important to know it would be a painful process. People who are charged get lawyers whose job it is to break you, it’s an awful process.

Two said they appreciated that the detectives they dealt with were kind and appropriate when asking difficult questions about the sexual assault.

I felt he was appropriate in how he asked the questions. I felt that apparently that doesn’t always happen to a lot of women but I was lucky.

5.9.3    Unhelpful police responses
Those who had undergone a formal interview process were asked if there was anything the police had done at any stage that they had found unhelpful. More than half (18 out of 33) said there was.

 

Table 25: Unhelpful police responses (n=18)

Outcome	n1	%
Lack of information	6	33
Insensitive/clinical	6	33
Time-frames	3	17
Case didn’t proceed	2	11
Judgemental	2	11

Notes
1    Numbers do not total 18 because multiple responses could be given.

 

One third of this group said they found it unhelpful when there was a lack of information about what would happen next, outcomes of depositions hearings and the progress of their case. One remembered how a lack of information and little encouragement had left her feeling hopeless.

Not keeping me in the loop. [Police] weren’t particularly encouraging. They knew that they couldn’t get a conviction and they weren’t going to encourage me, but still a bit of hope would have been good.

An identical percentage said that dealing with police officers who were insensitive or clinical was also unhelpful.

One of the detectives told me what I should wear to the trial and what I shouldn’t wear. That offended me. Yeah, told me no low cut tops, take my nose piercing out, wear flat shoes

One interviewee commented that an action taken by the detective dealing with her case felt disempowering at the time but had had a positive outcome.

At the time I felt that he was taking responsibility from me by setting up counselling. Now I see that it is what saved my life.

Interviewees were also apt to say they had found things unhelpful that the police had little or no control over, such as the length of time it takes for a case to proceed through the criminal justice system. However, two respondents said it was unhelpful when there were no charges laid. One considered this outcome due to the detective’s lack of professional attitude.

They red flagged [the perpetrator], but didn’t proceed with the case because of my mental disorder and my history as a prostitute. At the time I agreed, but later saw that he was just too lazy to do his job properly.

5.9.4    More helpful forms of support
Interviewees were asked what would have helped them cope better when negotiating the police process. They were asked what the police could have done differently and what forms of support might have helped them to cope better overall.

Police
When asked if there was anything they felt the police could have done differently that would have helped them to cope, 16 said ‘yes’ and 8 said ‘no’.
Of those who said ‘yes’, the two main issues identified related to greater police communication and provision of information (n=5), and increased support (n=4).

Give me more information and keep me in the loop.

To let me know straight away when he was caught [she was not kept informed about how the investigation was going].

Another spoke of feeling as if the communication between the various agencies involved had broken down, resulting in her not receiving the support she needed.

A Māori victim/survivor wondered if she would have felt more supported by a Māori policewoman.

In reflection, maybe if there was a Māori qualified in this area she may have been more warm and open and less hōhā [bored]. It would have been someone I could have had more faith in.

Several thought that they would have been helped by an improved police attitude towards them. One simply said she thought the officer she saw needed an ‘attitude change’, while others referred to the need for greater warmth and sensitivity.

He could have been a little bit more sensitive, he was fairly clinical.

One woman described how she felt judged by the police when she went to court, even though she had received a letter from the court victim adviser saying she was welcome to attend court when the perpetrator was appearing.

The physical environment within which victim/survivors were interviewed also came in for some criticism.

The room that I did my statement in felt like a prison … it just felt like a funny weird limbo space and it wasn’t the most comfortable.

Other forms of support
All participants were asked what forms of support, if any, might have helped them to cope better. Of the 24 responses given to this question, 5 said they felt there was nothing that could have helped, and 9 thought they would have benefited from receiving more emotional support.

To have someone at the police station during or afterwards (statement taking) to support me.

Maybe to talk to someone else who’d been through it.

Someone to talk to – a listening ear. At the time I wasn’t aware of the crisis line. It would have been good, because I couldn’t talk to my friends because they were giving evidence. And I couldn’t talk to my parents because of cultural things.

Another felt victim/survivors needed more in the form of advocacy services, and that this was an important role that was often overlooked.

Four talked specifically about the practical support they felt would have been useful: assistance with baby and child care, and the provision of a safe space. One considered self-defence courses should be more widely and readily available.
A male victim/survivor needed someone to help him with financial matters.

I needed someone to talk to, someone to help me financially. But I got no help whatsoever. I asked WINZ [Work and Income New Zealand] for an advance to purchase clothes for the trial but they wanted a more detailed report from the police. As a result I did not have Work and Income funds to purchase clothes as I did not want to disclose that level of personal information (i.e. the rape).

5.10    Withdrawal from police processes

Six interviewees, including one male, said that they had considered withdrawing from the police process once they’d made a complaint and/or given a statement. The reasons they gave were related to the length of time things took and being tired of waiting for an outcome and the thought of having to go to court.

I wanted to drop out all the way through. Just knowing I would have had to go to court it was a scary thought.

I had a fear of people knowing it was me he had done it to and I was scared of getting emotional in front of the jury.

However, withdrawing was not always a simple matter.

It took 10 months to get to trial and about half way I’d just had enough – enough waiting. And then I got to the end and I decided that I was going to stop, I was going to quit it all but the police said it was too late. Yep I’d be arrested or something if I didn’t turn up to summons.

5.10.1    Pressure or encouragement to withdraw
Nine interviewees, including one man, said they had had pressure from others to withdraw from the process; three said they had considered withdrawing. This was often where there had been a close relationship between the victim/survivor and the perpetrator, such as a family member or partner, or both the perpetrator and victim/survivor had been part of the same circle of friends. Interviewees said the pressure often came from several sources: family/whānau members (n=4), friends (n=3), and the perpetrator (n=2). In one case there was pressure from the police and a victim/survivor’s lawyer not to proceed with the complaint, but she carried on with the process. Where the case had a high profile in the media or the community, there was sometimes pressure from community members for the victim/survivor to withdraw their complaint.

One victim/survivor of ongoing abuse from a family member talked about the time between depositions and waiting for the trial. The perpetrator subsequently pled guilty before trial.

There was pressure from my family, extended family, and general public. [The perpetrator] broke my name suppression so the general public actually knew about it and I went down to the court a couple of times because I needed to put some demons to rest and I got pressured from the public about how cruel I’d been. How cruel I was being to this poor gentle old man and how he’s such a respected and amazing man, he’s a true gentleman in all sense of the words, rah, rah, rah. It just made me more defiant if nothing else. It was pressure that made me more defiant to show them that this is another side to this man that they know nothing about and that I’m sick of for 25 years having my credibility and integrity questioned. My integrity and my credibility is all I have. I’m not about to have it assassinated. I’m surprised I didn’t tell them to ‘fuck off’ actually.

5.10.2    Encouragement and support to continue
Seventeen victim/survivors said that they had been encouraged and supported to continue with the police process. Sources of encouragement included combinations of: family/whānau, the police, partners, counsellors and psychologists, support groups, friends, and specialist sexual violence agencies.

I was completely supported by my boss, friends, counsellor, police. I hadn’t told my family.

My family said I was doing the right thing. They just said that they were real proud of me for actually standing up for myself and going through it and not pulling out.

The dynamics are complex when the perpetrator is a family/whānau member.

I was encouraged to make my own decisions – my friends encouraged me. Unfortunately none of them were my own age all of my friends of my own age at that stage fled. It was split between Mum and Dad. Dad wanted to see the guy rot in jail – it was [relationship of perpetrator]. Mum was just absolutely torn. One of my brothers wanted to see him rot in jail and the other wanted to see me rot in jail.

Interviewees said the police had explained the prosecution process to them but that what they had been told did not affect their decision about proceeding with the legal process. Their reasons for continuing related to wanting to make the perpetrator accountable (n=10) and not wanting the abuse to happen to anyone else (n=4). Other respondents wanted to take back control of their lives (n=5), and one had an element of ‘revenge’. One said she carried on because she had faith in the fairness of the justice system.

It was because he did what he did and that I believed in the system I suppose and that there would be a fair trial and outcome.

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5.11    Summary

Approximately half of all participants in this study reported the rape/sexual assault to the police. Those who did typically said their reasons for reporting related to not wanting the offender to get away with it and wanting to protect others. Those who did not report to the police were most often influenced in this decision by a fear of not being believed and anxiety about the effects of reporting on their family/whānau.

The majority of those who reported did so the same day or within a week of being assaulted. Most were dealt with by male officers for reporting and statement-taking, a factor some female complainants found difficult and affected their disclosure. Victim/survivors’ experiences with the police were mostly positive, only a minority felt the police were disbelieving or cold/insensitive towards them. Some felt the environment within which they were interviewed lacked comfort. Some respondents said what they valued the most from the police was being supported and believed, and being kept informed, others felt these were the areas where their needs were not met. Consequently, they said they needed more emotional support as they went through police processes and to be kept more fully informed.

6    Forensic medical examination

6.1    Introduction

When an incident of sexual assault is reported to the police, arrangements should be made for a medical examination to be conducted as soon as possible in order to obtain forensic evidence. Ideally, such an examination should be conducted before the complainant washes or showers, but there is a window of 72 hours.

A medical examination is also important if the complainant has injuries requiring treatment and to take precautionary steps regarding the possibilities of pregnancy or sexually transmitted infections.

6.2    Those who did not have a medical examination

Of the 29 interviewees who reported the rape to the police, 11, including one male victim/survivor, underwent a forensic medical examination. The 18 interviewees who did not have a forensic medical examination were asked if they understood why this procedure had not occurred. One-third said they were told it was because they had waited too long before reporting the rape.

Apparently it was because it was four days later.

It was like four weeks or, four and a half weeks so I didn’t have to do that but I did go and get blood tests done and swabs or whatever just to check because he had been sticking it into all sorts of things from when we’d broken up as such.

Of the remainder, two said it was because they had already showered and/or washed their clothes, while three said no charges were laid.

The remainder of this section outlines the experiences of the 11 victim/survivors who underwent a forensic medical examination.

6.3    Forensic examination

All 11 victim/survivors who underwent a forensic medical examination said they had the reason explained to them, mostly by the police, although their understandings varied.

Kind of. The police said they needed medical advice for the judge.

Although testing costs a lot of money and sometimes can take a long time it’s used in court and only 2 percent of court cases are successful.

They wanted to make sure I had been raped.

One woman said she had expected to have a forensic medical examination and prepared herself for this eventuality.

I knew that I’d probably have to do that anyway. Because I watch a lot of TV. I love programmes like that yeah so I didn’t wash my clothes and everything.

And I didn’t have a shower or anything.

Another described how it was possible an explanation had been given but in the circumstances it could be difficult to comprehend.

I wasn’t listening, I was quite numb so I can’t remember.

Seven of the 11 said they felt they had been consulted about having the medical examination.

Yeah they knew, they asked me and then I said yeah, I’m really happy to do that. Just to make sure, get more proof and they suggested it would be a really good idea. So I thought definitely go for it then.

One commented, ‘They collected my own DNA, and that made me feel like I was the criminal. One said she had not been consulted but offered no comment, and three said they could not remember being asked.

6.3.1    Waiting for the examination
Six of the 11 victim/survivors said they waited less than an hour for the examination to be arranged, and only one had to wait more than four hours.

I was very happy about the time-frame. There was also a sense of relief that it happened so quickly.

Those who had to wait for the examination to be arranged were divided about how they felt about the delay and how it was managed. Several said they felt fine about it.

Pretty good. I went and got coffee, and was offered food. We talked and chatted.

It didn’t worry me; I just wanted to get it done. I knew I was doing the right thing so I had the patience to get it done properly.

One spoke of her distress at having to wait in an area where she felt vulnerable.

They put me in a side room and I was a nursing student so I felt really exposed because it’s a small place and I just felt everyone’s going to know and even though there’s confidentiality it doesn’t happen you know. People knew but they were all very nice and I had my own doctor that happened to be the [Doctors for Sexual Abuse Care] doctor so she came in, she did it. I was so lucky.

Three were on their own while waiting for the examination, with the majority having at least one support person accompanying them – family/whānau, a friend, the police or someone from a specialist sexual violence agency.

Two respondents had more than one source of support: one had a friend and a specialist sexual violence agency support person, the other had a family member and a specialist sexual violence agency support person accompanying them.

Gender of doctor
In terms of the gender of the doctor who performed the forensic medical examination, nine said the doctor was female, and this was appreciated by most, including the only man who had a forensic medical examination. The two female victim/survivors examined by a male doctor expressed opposing views on this matter.

They did ask me but then said I’d have to wait and so I said no, just get it done now. It didn’t worry me. I was a bit funny about it but I knew he wasn’t going to do anything to hurt me.

The other said she would have preferred the doctor to have been female and not Indian.

He was Indian. That’s another reason I didn’t want it done.

6.3.2    Who was present
In terms of who was present during the medical examination, four said it was only themselves, the doctor and the nurse. Three had friends there, and two said the police were present, although the comments from most suggested they were adjacent but not able to see the procedure itself.

My friend, my nursing friend, was behind the curtain. The detective was there for part of it behind the curtain and then he left and went to my house with Rape Crisis so I don’t know how long he was there. I don’t think it was long – and he couldn’t see anything.

Two respondents said they had family members present (in one case a mother, in another a sister), and one referred to an agency support worker being present. One woman also mentioned that her baby son, who was about three months old, was present during her examination.

6.3.3    Location
Different venues were used for conducting the medical examination. Five interviewees said they were examined in a medical centre or doctor’s surgery, four were examined in a hospital, and one underwent the examination at the police station. The remaining interviewee said she appreciated being taken to a specialist sexual violence facility.

It was like a little counselling house just so no one really knew what the place was. So I was quite comfortable and like they made me a cup of tea and it did feel like being at home. It was quite nice.

6.3.4    How the victim/survivor was treated
Most of those who underwent the medical examination used positive terms to describe how the doctor treated them, with about half saying they were warm and understanding (see Table 26).

Table 26: Doctor’s treatment of victim/survivor (n=11)

Response	n1	%
Warm	6	55
Understanding	5	45
Professional	3	27
Cold	3	27
Other2	5	45

Notes
1    Numbers do not total 11 because multiple responses could be given.
2    ‘Other’ was made up of three positive comments, one negative and one neutral.

 

Three interviewees felt the doctor’s manner was cold and clinical and they struggled to manage this attitude.

I found the doctor’s approach difficult to deal with, it could have been very traumatic but then I’m a ‘tough nut’. I knew it wasn’t her fault. She did her job but it would have been easier if the doctor had been warmer.

The majority of those who added ‘other’ comments emphasised positive aspects associated with the doctor’s manner and attitude towards them.

She was lovely. She was just as shocked as I was.

He was very gentle, he was really nice, made me feel really comfortable and he said if I didn’t want anything to do, like if I didn’t want him to do anything I could just tell him no which was good. He told me, he explained all the tests and that.

One interviewee noted how the doctor validated her experience.

It was the ultimate confirmation for me that it was an offence – she articulated the process of damage in a psychological sense so I just understood it. Not like the police asking me what I wanted to have done. Amazing, she was amazing, she was part of my whole healing.

Another felt that the procedure was by its very nature unpleasant and that the doctor’s manner could do little to ameliorate this.

Her personality was really nice but when it came to the exam I felt uncomfortable that I had to strip off and stand there, you know, that was really uncomfortable.

One woman was grateful that her own doctor happened to be on duty and conducted the examination.

I was so lucky that I got my own [doctor], who was incredible. Kept saying, ‘I am so sorry this happened to you, I am so sorry’.

Clearly, it is important not to approach the examination simply as an
evidence-gathering exercise but to treat the victim/survivor as a whole person, with individual needs. Overall, the comments highlighted the importance of doctors striving to assist the victim/survivor to maintain dignity and some semblance of control during what is a potentially humiliating and disempowering experience.

6.3.5    Victim/survivors’ feelings
The 11 victim/survivors who underwent a forensic examination were asked how they felt at the time of the examination and then how they felt after it had been completed.
Time of the examination
Interviewees were asked to describe how they were feeling at the time of the examination. Their responses are summarised in Table 27.

Table 27: Victim/survivors’ feelings at the time of exam (n=11)

Feelings	n1	%2
Embarrassed	3	27
Angry	2	18
Spaced out/dissociated	2	18
Scared	1	9
Disbelieving	1	9
Loss of control	1	9
Other3	8	73

Notes
1    Numbers do not total 11 because multiple responses could be given.
2    Percentages do not total 100 because participants often mentioned more than one thing they found really helpful.
3    ‘Other’ was made up of six negative and two positive responses.

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The responses reflect the myriad of emotions victim/survivors can experience in the aftermath of sexual assault, as well as providing insights into how these feelings can potentially be magnified by their experiences during the medical examination.
A frightening aspect for some victim/survivors is that the examination may be the first time they have had to confront the reality of their sexual victimisation.

[The doctor] was so nice and but she said when she did the examination she said yeah it looks like there’s semen there and so of course I was like, well I was just vomiting and vomiting because it just, because I thought ‘oh my god he has done that’ you know. But then I still thought ‘no he hasn’t, he wouldn’t have I’m wrong, I’m wrong’. That’s what I kept thinking. ‘I’m wrong it will just, the DNA will come back nothing; nothing will come back’, because I still thought I was wrong.

Three-quarters of those who added ‘other’ comments referred to negative feelings that were evoked during the examination procedure.

The doctor didn’t take the time to make me feel at ease for the examination. I started doubting it, that I was doing the right thing.

One respondent tried to convey how dissociated she felt.

I was pretty run down. I was just yeah run down and still upset and less angry. A bit more spacey. Oh yeah I was just sort of in my own little world pretty much.

Another referred explicitly to feelings of re-violation.

I felt violated again to be honest – it was absolutely awful. Just because the whole thing and what they’re looking for and you’ve got to get all your body checked out to see if there’s any bruising or trauma.

The way one respondent spoke suggested she felt she had lost control of what was happening.

I wanted to get it over and done with. I was a little bit upset. I didn’t want it to be done. I was talked into it and felt obligated to help others.

The male victim/survivor echoed these sentiments, saying the examination left him feeling ‘Shit, worthless, I felt like I wasn’t a man anymore’. His experience became more arduous when, because of a history of intravenous drug use, the blood tests he had resulted in his vein collapsing and he felt as if he was going through ‘detox’ again over the next few days.

Afterwards
When asked how the medical examination left them feeling afterwards, one respondent could not remember, two said they felt positive, and eight described negative feelings.

I felt better because I knew I could go home and have a shower and get freshened up a bit which made me feel a bit nicer.

Even more disappointed because they found nothing.

Partly disbelieved, like it wasn’t enough (because my clothes were not ripped or dirty). I felt like I wasn’t good enough to follow through on.

Complainants also felt ‘lost’, ‘alone’ and ‘humiliated’, with three stating that they experienced the medical examination as a re-violation similar to the initial rape experience.

It was as hard as the rape was.

6.4    Generic medical care

All of the 11 victim/survivors who had a forensic medical examination also received additional medical care afterwards, as well as five who sought medical care but did not have a forensic examination.

I went to family planning to get tested for HIV and Hep C. He [the perpetrator] was a junkie. My cousin told my mum and she went with me – it was her idea.

Most of those who sought medical help said it was their own idea to do so, although occasionally others encouraged them. One young woman described sneaking out of the house to see a doctor the day before she went to the police. She had hoped to get the morning after pill and be checked for sexually transmitted infections and was disappointed when told she was too late.

I got nothing I wanted from seeing the doctor.

Most of those who went to the doctor of their own volition were seeking tests for sexually transmitted infections, including HIV, but three wanted the morning after pill and several also wanted psychiatric help or medication.

6.5    Support and assistance

The 11 victim/survivors who had a medical examination were asked if there was anything they found particularly helpful or unhelpful at the time.

6.5.1    Helpful responses
Seven interviewees said they had found some things particularly helpful, including several who said they valued the information the doctor provided during the examination.

Explaining things to me simply and just being so sensitive about what not to talk about and that. Some things had to be talked about that made me really raw – like how much everything would cost. She explained the forensic thing simply without me feeling guilt.

One woman described how it was only during an additional medical check that she obtained the information she wanted.

I wanted answers about HIV risks etc. The female doctor was very unhelpful. I had to ask more than once about HIV risks and options. The male doctor I found was very informative about this.

Some commented how important it was to feel comforted at this time, a feeling that could be evoked by the environment as well as by the doctor’s manner.

The [Doctors for Sexual Abuse Care] doctor talking to me, seeing how I was. Her tone of voice was comforting, she was very calm, everyone was calm, and that really helped.

Other aspects respondents mentioned reflected the importance of empathy and validation for victim/survivors as they struggle in the aftermath of rape. One woman praised the doctor who examined her.

She was empathetic and down to earth. She kept saying, ‘I am so sorry this has happened to you’.

Another felt validated when the doctor was clearly pleased at how the victim/survivor had consciously tried to preserve forensic evidence.

I know he said it was helpful for me not having a shower and washing my clothes because they could still do all under the fingernails and all that and he was quite happy about that which made me feel quite good as well. That I’d actually done something right.

6.5.2    Unhelpful responses
Respondents were also asked if there was anything in particular they found really unhelpful during the medical examination. Five of the 11 identified negative factors, including feeling pressured into having the examination and encountering a cold and clinical attitude in the doctor. One respondent spoke of the loneliness experienced while waiting for the examination, while the male victim/survivor was disappointed at the lack of understanding regarding the impacts of blood tests on himself as a former intravenous drug user. The process of drawing blood ‘triggered’ flashbacks and he relived a previous ‘detox’ experience in the following days.

6.6    Summary

Most of the 11 victim/survivors who were sent for a forensic medical examination felt they had the reasons explained to them and had been consulted to some extent about this procedure. All but two were examined by a female doctor, with many grateful to have a woman conducting such a sensitive procedure. One of those examined by a male accepted this, but the other said she found it difficult.

Two-thirds experienced the doctor as warm and understanding, but the remainder felt the doctor was cold and clinical. When asked how they felt after the examination was over, most answered in negative terms: three said they had experienced the procedure like a re-violation. What those examined found helpful was the information the doctor provided and the ways some doctors were comforting and validating in their attitude. Overall, their comments reflect the importance of the forensic medical examination being conducted sensitively and respectfully, preferably by female doctors and enabling victim/survivors to retain some control and dignity during such a difficult procedure.

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Disclaimer

This report was commissioned by the Ministry of Women’s Affairs. The views, opinions and conclusions expressed in the report are intended to inform and stimulate wider debate. They do not represent government policy.
 

Published in October 2009
by the Ministry of Women’s Affairs | Minitatanga Mō Ngā Wāhine
PO Box 10 049, Wellington, 6143, New Zealand
Phone: 0064 4 915 7112
Fax: 0064 4 916 1604
Email: mwa@mwa.govt.nz
Website: www.mwa.govt.nz

ISBN 978-0-478252-41-5 (Print)
ISBN 978-0-478252-44-6 (Digital)