(b) Making sure evidence about a complainant’s previous sexual interactions is off-limits unless it is “of such direct relevance to the facts in issue” or “be contrary to the interests of justice to exclude it”68 (c) Requiring judges to talk to the jury to dispel misconceptions relating to sexual violence (know as “rape myths”) that may be brought into a case69 (d) Expanding specialist help with understanding and communication for any reason (previously this was only available to witnesses with insufficient English, or a communication disability)70 (e) Requiring judges to intervene when they consider questions to witnesses are unacceptable, taking into account the witness’s vulnerability, nature of previous questions and cumulative impact of the questions, together with other factors71 50. The Commission welcomes these changes as a significant step in the right direction for improving protections and access to justice for sexual violence victims/survivors. However, as one expert has highlighted, there is no mandatory judicial training on sexual violence in Aotearoa New Zealand, despite the Government recognising the need for greater capacity building of professionals working in this space, as set out in Te Aorerekura’s Action Plan.72 There is also no clear plan to educate jurors on the nature of sexual violence. Accordingly, it is unclear how effective the direction will be for judges to dispel any misconceptions around sexual violence, despite reference to some examples in the legislation (for example that a person’s consent can be based on the way they are dressed).73 51. Also, there is a lack of specificity as to what sort of sexual interactions could be viewed as “directly relevant” under the new test, despite recommendations from experts to specify what should be excluded.74 A broad legislative approach coupled with a lack of mandatory training for judges and jurors could thus allow biases to creep into the jurisprudence as it develops. 52. While this legislation is a step in the right direction, there is still a need to clearly define consent under the legislation.75 Moreover, as highlighted in submissions by service providers76, there is 68 Section 8. For more information, see Equal Justice Project, A step in the right direction, but not there yet: A critical Look at the Sexual Violence Legislation Bill (1 June 2021) available at https://www.equaljusticeproject.co.nz/articles/a-stepin-the-right-direction-but-not-there-yet-a-critical-look-at-the-sexual-violence-legislation-bill2021. 69 Section 21 (new section 126A). 70 Section 4(1). 71 Section 9. 72 See Te Aorerekura National Strategy, actions 15 and 27. See also https://www.newsroom.co.nz/ideasroom/a-crisis-wejust-cant-seem-to-fix which notes that in December 2022, Te Puna Aonui, the Government’s multi-agency venture responsible for implementing Te Aorerekura, indicated that the training and practice guidelines for professionals and had been developed and ready to start in 2023 but that the next steps “depend on judicial and other decisions”. 73 The Commission raised this issue in our submission to the Select Committee on this Bill, noting CEDAW’s recommendation to Aotearoa to address gender responsiveness and sensitivity in the justice system, through introducing awareness raising and capacity building. See Human Rights Commission submission on the Sexual Violence Legislation Bill (31 January 2020) available at https://www.parliament.nz/resource/enNZ/52SCJU_EVI_93010_JU68907/117961fff2395fd6a550b3a896ab56fddeb59388. 74 Section 21, new s 126A. See Equal Justice Project, above n 68 and submission to the Select Committee by Community Law Centre, above n 67. 75 One news, It’s 2022 and NZ law still doesn’t define what consent is (August 5, 2022) available at https://www.1news.co.nz/2022/08/05/its-2022-and-nz-law-still-doesnt-define-what-consent-is/ 76 See Submission by Te Ohaakii a Hine National Network Ending Sexual Violence Together: https://www.parliament.nz/resource/enNZ/52SCJU_EVI_93010_JU68885/80025ecb16bb85d7fbf1472625a7988e9829845b; and Submission by Auckland 15