[10-500] Important 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: December 2024

[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

Sexual intercourse without consent [5-800]ff

Last reviewed: December 2024

[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

[5-900] Suggested direction — sexual intercourse without consent (s 61I) offences from 1 June 2022

Sexual touching [5-1100]ff

Last reviewed: December 2024

[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

[5-1110] 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)

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

Last reviewed: December 2024

[4-215] Suggested direction — context evidence

[4-222] Suggested direction — background evidence

[4-227] Suggested tendency evidence direction — applies to charged acts, other acts or combinations thereof

[4-230] Tendency evidence in child sexual assault proceedings — s 97A

[4-237] Suggested direction where coincidence evidence admitted as part of a circumstantial case

[4-240] Suggested direction where coincidence evidence relied upon for joinder of counts of different complainants

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

Last reviewed: December 2024

[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: December 2024

[5-230] Suggested direction — pre-recorded evidence