[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
[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
[5-720] Suggested direction — maintain unlawful sexual relationship with child (s 66EA)
Sexual intercourse without consent [5-800]ff
[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
Sexual act [5-1200]ff
[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
[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
Pre-recorded evidence in child sexual offence proceedings — Child Sexual Offence Evidence Program (CSOEP) [5-400]ff
[5-420] Suggested direction — pre-recorded evidence