Historic Sexual Offending

Historic sexual offending cases raise a number of issues that do not typically arise in more recent allegations, including:

• The law and penalties that applied at the time of the alleged offending, which may differ significantly from the law as it stands today
• Delayed complaint, and how the passage of time may affect the reliability of memory and available evidence
• The absence of physical or forensic evidence, given the time that has passed
• The loss of documents, records, or witnesses who might otherwise have been able to give evidence

It is well established in New Zealand law that a delay in making a complaint does not, on its own, mean an allegation is untrue. At the same time, the length of any delay, and the reasons given for it, are often relevant considerations that can be properly tested and explored as part of a defence.

Because historic cases often turn on the reliability of memory, the credibility of accounts given many years apart, and the particular legal framework that applied at the relevant time, they require a defence approach capable of engaging carefully with these issues. Given the significant stakes involved, and the reputational and personal consequences that can follow even an allegation, experienced representation from the earliest possible stage is essential.

As with all sexual offence matters, Harry approaches historic allegations with a high level of discretion and professionalism, understanding the significant personal and reputational stakes involved, including where a person becomes aware they are under investigation before any charge has been laid.