What happens after sexual violence is reported to Police?

To help shed light on how cases move through the criminal justice system in Aotearoa, the Ministry of Justice published a study tracking 23,739 reported sexual violence victimisations over a four-year period.

What does the data show?

Of the sexual violence victimisations reported to Police:

• 31% resulted in a perpetrator being charged.
• 11% resulted in a conviction.
• 6% resulted in a prison sentence.

Because research estimates that only around 10% of sexual violence is ever reported to Police,² this means that out of every 100 actual victimisations, approximately three result in charges, and only one leads to a conviction.

Why don’t all reports result in a charge?

The study found that the largest drop-off in cases happens during the initial investigation stage, with 56% of reported cases unable to proceed to court.

There are many reasons an investigation might not move forward, including:

• Police determining there was insufficient evidence to meet legal standards for prosecution.
• A survivor choosing to step back from the legal process.³
• The perpetrator could not be identified, located, or held legally accountable (such as being mentally incapacitated or deceased).
• Police determining that prosecution was not in the public interest.
• No formal complaint was made by the victim.

A case not progressing through the justice system never means the sexual harm did not happen. The legal system relies on strict thresholds of evidence, which do not reflect the reality or validity of your lived experience.

What happens when a case reaches court?

For the 31% of cases where charges were laid, outcomes varied as they moved through the court process:

• 11% ended in a conviction.
• 3% resulted in a not-guilty verdict.
• 8% were dismissed, discharged or withdrawn (often due to legal complexities, conflicting evidence, or witnesses being unable to participate).
• 1% resulted in other legal findings (such as a perpetrator being deemed unfit to stand trial).
• 6% remained active in court at the conclusion of the study period.

What happens after a conviction?

After a perpetrator is convicted, they receive a sentence from the court.

Of the cases included in this study:

• 6% of overall reported cases resulted in imprisonment.
• 2% resulted in home detention.
• 2% resulted in community-based sentences.
• Less than 1% resulted in fines or monetary sentences.
• Around 1% had resulted in a conviction but were still waiting to be sentenced.

You are not alone

Whether you are considering reporting to the Police, currently navigating court processing, or choosing not to engage with the legal system at all – your choice is valid!

We will walk alongside you wherever you are in your journey, in whatever capacity you need. We offer non-judgemental guidance, court advocacy, practical support, or simply a safe, quiet space to visit.

If you or someone you care about needs support, we are always here for you.

Reference notes

The study included sexual violence victimisations reported between July 2014 and June 2018, with the latest investigation and court outcomes recorded in early 2019.

Because sexual violence cases can take considerable time to progress through the justice system, some cases were still active when the analysis was completed.

More information about this analysis is available in the full report: Attrition and progression: Reported sexual violence victimisations in the criminal justice system.

¹ Ministry of Justice (2019). Points of attrition and progression for sexual violence victimisations in the criminal justice system. Wellington: Ministry of Justice.
² Ministry of Justice (2015). 2014 New Zealand Crime and Safety Survey: Main findings, Wellington: Ministry of Justice.
³ Note that the proportion where the victim withdrew is underrepresented, as the specific ‘withdrawn by victim’ outcome category was only introduced and used from early 2017 onwards, and these outcomes would otherwise have been recorded in ‘unable to take action’.