Labour has clarified its plan to change consent laws to better protect survivors of sexual assault would not shift the burden of proof to defendants, after a headline shared on the party's social media platforms caused confusion.
On Friday night, the party shared a news headline that read: "Election 2023: Labour to campaign on overhauling consent laws, put onus to prove victim said 'yes' to alleged perpetrator." The news article included a line that said the law would be changed so it is the person accused, rather than a complainant, who would have to "prove they did have consent".
In criminal cases in New Zealand, it is up to a prosecutor to prove beyond a reasonable doubt a defendant is guilty of committing an alleged offence. Essentially, that means the defendant does not have to prove their innocence.
Labour confirmed to 1News today this aspect would not change under their proposal.
A spokesperson said they understood how the headline could be taken to mean the burden of proof would be shifted from a complainant to the defendant because of the complexity of consent law.
The social media posts were taken down after 1News' questions.
The posts were shared after justice spokesperson Ginny Andersen said earlier on Friday the party would "modernise consent laws in line with other jurisdictions to better protect victims of sexual crimes" if re-elected.
“For too long victims of sexual violence have been re-traumatised and silenced by outdated laws that don’t properly protect...
The Ondo State Police Command has debunked a rumour currently circulating within the Akure metropolis alleging the imposition of a traditional curfew. The command categorically stated that no such...