sec.103ZZADirection on evidence of post-offence relationship

### sec.103ZZA Direction on evidence of post-offence relationship This section applies if evidence is given, or is likely to be given, or a question is asked, or is likely to be asked, of a witness that tends to suggest that, after the sexual offence the subject of the criminal proceeding is alleged to have been committed, the complainant— continued a relationship with the defendant; or otherwise continued to communicate with the defendant. The judge must direct the jury that experience shows that— people may react differently to non-consensual sexual activity and there is no typical, normal or proper response to non-consensual sexual activity; and some people who are subjected to non-consensual sexual activity will never again contact the person who subjected them to the activity, while others— may continue a relationship with that person; or may otherwise continue to communicate with that person; and there may be good reasons why a person who is subjected to non-consensual sexual activity— may continue a relationship with the person who subjected them to the activity; or may otherwise continue to communicate with that person. The person was overborne by the abuse of a relationship of authority, trust or dependence. The person fears family dissolution. The person has a fear of ostracism from their community. s 103ZZA ins 2024 No. 5 s 59 (sec.103ZZA-ssec.1) This section applies if evidence is given, or is likely to be given, or a question is asked, or is likely to be asked, of a witness that tends to suggest that, after the sexual offence the subject of the criminal proceeding is alleged to have been committed, the complainant— continued a relationship with the defendant; or otherwise continued to communicate with the defendant. (sec.103ZZA-ssec.2) The judge must direct the jury that experience shows that— people may react differently to non-consensual sexual activity and there is no typical, normal or proper response to non-consensual sexual activity; and some people who are subjected to non-consensual sexual activity will never again contact the person who subjected them to the activity, while others— may continue a relationship with that person; or may otherwise continue to communicate with that person; and there may be good reasons why a person who is subjected to non-consensual sexual activity— may continue a relationship with the person who subjected them to the activity; or may otherwise continue to communicate with that person. The person was overborne by the abuse of a relationship of authority, trust or dependence. The person fears family dissolution. The person has a fear of ostracism from their community. - (a) continued a relationship with the defendant; or - (b) otherwise continued to communicate with the defendant. - (a) people may react differently to non-consensual sexual activity and there is no typical, normal or proper response to non-consensual sexual activity; and - (b) some people who are subjected to non-consensual sexual activity will never again contact the person who subjected them to the activity, while others— (i) may continue a relationship with that person; or (ii) may otherwise continue to communicate with that person; and - (i) may continue a relationship with that person; or - (ii) may otherwise continue to communicate with that person; and - (c) there may be good reasons why a person who is subjected to non-consensual sexual activity— (i) may continue a relationship with the person who subjected them to the activity; or (ii) may otherwise continue to communicate with that person. Examples of good reasons— 1 The person was overborne by the abuse of a relationship of authority, trust or dependence. 2 The person fears family dissolution. 3 The person has a fear of ostracism from their community. - (i) may continue a relationship with the person who subjected them to the activity; or - (ii) may otherwise continue to communicate with that person. - 1 The person was overborne by the abuse of a relationship of authority, trust or dependence. - 2 The person fears family dissolution. - 3 The person has a fear of ostracism from their community. - (i) may continue a relationship with that person; or - (ii) may otherwise continue to communicate with that person; and - (i) may continue a relationship with the person who subjected them to the activity; or - (ii) may otherwise continue to communicate with that person. - 1 The person was overborne by the abuse of a relationship of authority, trust or dependence. - 2 The person fears family dissolution. - 3 The person has a fear of ostracism from their community.