[6-500] General directions in sexual assault trials

The Criminal Trial Courts Bench Book provides commentary on the following topics as well as suggested jury directions for use in sexual assault trials:

Complaint evidence [5-000]ff

Last reviewed: May 2025

[5-020] Suggested direction — where complaint evidence admitted under s 66(2) Evidence Act 1995

[5-030] Evidence of complaint where witness not available under s 65(2) Evidence Act 1995

[5-050] Suggested direction — where difference in complainant’s account — prescribed sexual offences only

[5-055] Suggested direction — delay in, or absence of, complaint

[5-080] Suggested direction — delay in complaint and forensic disadvantage to the accused

Maintain unlawful sexual relationship with a child [5-700]ff

Last reviewed: May 2025

[5-720] Suggested direction — maintain unlawful sexual relationship with child (s 66EA)

Sexual intercourse without consent [5-800]ff

Last reviewed: May 2025

[5-800] Suggested direction — sexual intercourse without consent (s 61I) for offences committed before 1 January 2008

[5-820] Suggested direction — sexual intercourse without consent (s 61I) where alleged offence committed on or after 1 January 2008 and before 1 June 2022

[5-840] Suggested direction — s 61J circumstance(s) of aggravation

[5-910] Suggested direction — sexual intercourse without consent (s 61I) offences from 1 June 2022

[5-915] Suggested direction — accused’s cognitive or mental health impairment a substantial cause for not ascertaining consent (s 61HK(3)–(4))

Sexual touching [5-1100]ff

Last reviewed: May 2025

[5-1110] Suggested direction — basic offence (s 61KC) — until 31 May 2022

[5-1115] Suggested direction — basic offence (s 61KC) — from 1 June 2022

[5-1130] Suggested direction — aggravated offence (s 61KD)

[5-1150] Suggested direction — sexually touching a child under 10 (s 66DA)

Sexual act [5-1200]ff

Last reviewed: December 2024

[5-1210] Suggested direction — basic offence (s 61KE) — until 31 May 2022

[5-1220] Suggested direction — basic offence (s 61KE) — from 1 June 2022

[5-1240] Suggested direction — aggravated offence (s 61KF)

[5-1260] Suggested direction — sexual act involving a child under 10 (s 66DC)

[5-1280] Suggested direction — sexual act involving a child which is filmed (s 66DF)

Tendency, coincidence and background evidence [4-200]ff

Last reviewed: May 2025

[4-218] Suggested tendency evidence direction — single complainant — applies to charged acts, other acts or combinations thereof

[4-220] Suggested tendency evidence direction — multiple complainants — charged acts

[4-224] Suggested direction where coincidence evidence admitted as part of a circumstantial case

[4-226] Suggested direction where coincidence evidence relied upon for joinder of counts of different complainants

[4-230] Suggested direction — context evidence

[4-234] Suggested direction — background evidence

Misconceptions about consent in sexual assault trials [5-200]ff

Last reviewed: May 2025

[5-230] Suggested direction — responses to giving evidence

[5-240] Suggested directions — ss 292A–292C, 292E Criminal Procedure Act 1986

Pre-recorded evidence in child sexual offence proceedings — Child Sexual Offence Evidence Program (CSOEP) [5-400]ff

Last reviewed: May 2025

[5-420] Suggested direction — pre-recorded evidence