3rd of July, 2025
New Zealand recently passed legislation strengthening protections of young people who have experienced sexual violence.
The Victims of Sexual Violence Bill amends the law so children under the age of 12 cannot be questioned about whether they consented to sex. It also increases the maximum period of imprisonment for sexual abuse of a child under 12 from 14 years to 20 years, and gives complainants of sexual offences greater autonomy over their own name suppression.
We wholeheartedly agreed that children under the age of 12 years should never be asked if they consented to sexual activity nor should they be asked if they enjoyed the sexual activity. It is known that the body can respond to certain touch or activity and, therefore, this line of questioning has a high risk of deepening and further embedding the trauma for children.
This amendment and the others offered in the bill align well with Aviva’s kaupapa to eradicate violence, specifically, in this case, sexual violence. They are both child centred and victim centred. We highlight the importance of legislation which enables victims to make informed choices, through access to clear, age appropriate, information.
However, Aviva believes the bill still could have gone further.
In our submission to the government, we recommended raising the age for protections around questioning to those under 16, or preferably to people of any age. Questioning people around consent or whether they enjoyed the abuse they experienced leverages rape myths and perpetuates a culture of sexual violence and entitlement. Rather than asking young people whether they “consented”, we recommended asking if they had been “sexually assaulted” as their ability to understand consent within a strict legal perspective would be minimal.
We also suggested the government extend the right for name suppression to survivors of family violence as well.
We will continue to push the government for such changes in the future to ensure that anyone who experiences violence has the legal rights and support to overcome its enduring harms. For now, we are happy to see these essential changes made and recognise the benefits it will have for our whai ora.
For further information, read Aviva's submission to Parliament.