The three-dimensional dynamical model for nonlinear viscoelasticity of strain-rate type is investigated in a quasistatic setting under the assumption of higher-order regularity of the deformation, which in the literature is referred to as the case of non-simple materials. The existence of weak solutions is proven using a time-discretization technique while respecting the condition of dynamical frame indifference. Some observations on frame indifference for strain-rate-type stresses are made, and corrections are proposed for some related work in the literature. Finally, a counterexample is given to show that the assumed higher-order regularity is necessary in order to obtain the required compactness.This article is part of the theme issue 'Non-smooth variational problems with applications in mechanics'.