Prosecuting Intimate Partner Rape: The impact of misconceptions on complainant experience and trial process

The high level of family violence in Aotearoa New Zealand presents a systemic and resistant challenge for the criminal justice system. While much legal and social-science research focuses on the prevention of, and response to, family violence, there is a noticeable dearth of work examining the prosecution of serious sexual and physical violence that occurs within an intimate relationship. ‘Prosecuting Intimate Partner Rape’ addresses that gap. Comparative analysis of 20 intimate partner rape trials (both with a jury and judge-alone) provides the basis for wide-ranging proposals to reform law and practice with the aim of improving complainant trial experience. The work also demonstrates how essential it is for sexual violence within a relationship to be recognised and responded to as a distinct and significant form of harm – in particular there is a pressing need for fact-finders to consider (and be assisted to understand) the nature of consent within a context of coercive control. ‘Prosecuting Intimate Partner Rape’ will be invaluable for those working in, or with interest in, the prosecution of sexual offending and family violence and reform options. It provides commentary of use to lawyers and judges in their practice but is written to be accessible to sector workers, victim support agency workers, policy makers, and students of law, criminology, criminal justice and sociology.