293ADirection may be given by Judge if differences in complainant’s account

293A Direction may be given by Judge if differences in complainant’s account

293A Direction may be given by Judge if differences in complainant’s account

(1) This section applies if, on the trial of a person for a prescribed sexual offence, the Judge, after hearing submissions from the prosecution and the accused person, considers that there is evidence that suggests a difference in the complainant’s account that may be relevant to the complainant’s truthfulness or reliability.

(2) In circumstances to which this section applies, the Judge may direct the jury—

(a) that experience shows—

(i) people may not remember all the details of a sexual offence or may not describe a sexual offence in the same way each time, and

(ii) trauma may affect people differently, including affecting how they recall events, and

(iii) it is common for there to be differences in accounts of a sexual offence, and

(iv) both truthful and untruthful accounts of a sexual offence may contain differences, and

(b) that it is up to the jury to decide whether or not any differences in the complainant’s account are important in assessing the complainant’s truthfulness and reliability.

(2A) A judge may, as the judge sees fit—

(a) give a direction in this section at any time during a trial, and

(b) give the same direction on more than 1 occasion during a trial.

(3) In this section—

difference in an account includes—

(a) a gap in the account, and

(b) an inconsistency in the account, and

(c) a difference between the account and another account.

s 293A: Ins 2018 No 33, Sch 4 [10]. Am 2021 No 43, Sch 2[6]–[8].