J Quilter and L McNamara, “Research into jury directions in sexual offence trials” (2024) 36(7) JOB 65.

Since 1 June 2022 an expanded suite of statutory jury directions has been available in NSW sexual offence trials. In addition to existing directions that address potential misconceptions about the significance of “delay” in complaint, and differences in the complainant’s account, judges may now give “corrective” directions on a range of other stereotypes and assumptions that have traditionally worked to the disadvantage of complainants and the Crown case.

The authors’ recent research on sexual offence trials in NSW and Victoria, suggests that, in order to maximise the potential benefits of corrective jury directions, they should be actively deployed, not only during the traditional end of trial summing up, but at intervals throughout the trial. The authors submit that best practice suggests that this should include: at the beginning of the trial (including the judge’s opening remarks); during the course of the trial at a time proximate to the evidence in question; and at the conclusion of the trial during the summing up.