Survivors deserve free access to legal help, new report finds

A new report from the Helen Clark Foundation has recommended alternative reporting pathways as a crucial step forward for the rights and safety of people who’ve been sexually harmed.

The research names Tika as a “promising development” for victim-survivors in Aotearoa New Zealand.

“Alternative reporting options can enhance survivors’ autonomy, offer control over the disclosure process, and provide timely access to information and support,” the report found.

“Multiple studies have shown that many survivors want to document their experiences without immediate contact with Police or formal legal proceedings. Researchers have called for tools that allow survivors to document harm, access support, and preserve the option of legal action, without being forced into it, and while retaining control of the process.

“When well designed, these tools serve both survivors and the public interest. They can act as a bridge to formal reporting and can help detect serial offending that might otherwise remain hidden, a goal of many survivors.”

Tika Co-founder and Chief Legal Counsel, Zoë Lawton, says Tika’s reporting platform and free legal service has been specifically designed to make reporting safe for survivors, and ensure they can keep control of what happens next.

“When you register with Tika you have an immediate lawyer-client privileged relationship, which means information you’ve given us is completely safe and private. Our Tika lawyers are required to act on your instructions, meaning you retain the power over what happens next. We don’t take a step without your permission.”

The HCF report says survivors considering whether to report were often discouraged by how hard it is to navigate the legal process and get information about their case, rights or options.

“Complainants are often surprised that neither the Police nor the prosecutor is responsible for helping them navigate the process or for keeping them informed” the report says.

“When asked about what is important to them when deciding whether to report sexual violence, survivors generally describe wanting support and help and fearing a negative, disbelieving response. Some identify wanting protection from further attacks. They generally also want to retain control of what happens next, not wanting to be caught up in a process they cannot slow down or opt out of easily, and that could spread sensitive information around their community. Some, especially those whose offender is a family member, may not want the offender prosecuted and/or imprisoned.”

Lawton says the barriers faced by survivors were a crucial trigger for the development of the Tika platform and legal service.

“We know that justice and accountability looks different for every survivor. Not everyone wants their perpetrator to go to jail, so Tika will offer its clients a range of justice pathways, not just the criminal justice system.

“If the person who harmed them was a teacher or a doctor, for example, the survivor may simply want to know they’re not able to harm anyone else in those contexts again. Or they may wish to engage in the restorative justice pathway.

“Survivors want the opportunity to be heard, to understand the often-complicated justice process, and to have a say in what happens next in their own case. Tika’s service offers all of that, and a chance to help protect other people from being harmed in the future.”

You can read the full report: Addressing Sexual Violence In New Zealand at this link: https://www.helenclark.foundation/research/addressing-sexual-violence-in-new-zealand