Aaron Smale: The state is the largest criminal organisation when it comes to sexual offenders
When Māori men who are victims of sexual abuse aren’t cycling through prisons and mental health institutions, they’re often sleeping rough on the streets. Photo / Getty Images
Just when I thought this government could not get any more cynical, Christopher Luxon and Justice Minister Paul Goldsmith thought they’d co-opt victims of sex crimes for a bit of pre-election branding.In a policy announcement, they ruled out good character assessment at sentencing for all sexual offending, saying National will continue to ensure there are real consequences for criminals. Which is interesting: the state is the largest criminal organisation when it comes to sexual offenders and their enablers. But the crown’s victims have never had any justice.
In their announcement, Luxon and Goldsmith stated, without irony: “Too often, we continue to see our criminal justice system prioritise the interests of an offender over the rights of the victim in instances of sexual violence.
“The consequences for the victim remain, regardless of the former reputation of the perpetrator.”
Goldsmith added: “A vote for National is a vote for real consequences for crime.”
I’m guessing the pair had a particular type of victim in mind. And I suspect it doesn’t include the thousands of Māori men who suffered sexual violence when they were children in the custody of the state.
I have no desire or intention of pitting one group of victims against another. Females have suffered sexual violence throughout history and justice has been a rare exception to the norm of impunity. Sexual violence and the abuse of power go hand in hand. But the majority of the up to 200,000 victims of abuse in state care between 1950 and 1999 were Māori and most were male.
Just over a year ago, Luxon formally apologised to these victims: “I am sorry that many abusers were not made to face justice, which meant that other people experienced abuse that could have been prevented.
“I stand alongside the chief executives from seven government agencies who have this morning apologised for the failings and omissions by their agencies.”
Yet, within a year of that apology, Luxon’s government tabled a redress bill that said, “This bill provides that personal apologies given by core state agencies as part of providing redress for abuse in care will not be admissible as evidence in civil proceedings that seek remedies for abuse in state care and are not to be treated as expressly or implicitly admitting guilt.”
The subsequent versions aren’t as explicit as this but the intent is still there – the state is unwilling to take responsibility for the state’s sexual violence. This is simply a continuation of the crown’s legal strategy for decades, which came to a head under Helen Clark, to avoid legal liability for violence and abuse inflicted by the state.