47AApplication of Division

47A Application of Division

(1) This Division applies to a criminal proceeding that relates (wholly or partly) to a charge for a sexual offence or a charge for an offence of conspiracy or incitement to commit a sexual offence.

S. 47A(2) inserted by No. 26/2023 s. 60.

(2) If an absence of consent is not an element of the sexual offence, this Division applies in relation to the acts alleged to constitute the offence charged in the same way that it applies in relation to acts constituting an offence of which absence of consent is an element.

S. 47A(3) inserted by No. 26/2023 s. 60.

(3) For an offence of conspiracy or incitement to commit a sexual offence, subsection (2) applies in relation to the acts alleged to constitute, or that would constitute, the sexual offence that is the subject of the conspiracy or incitement.

S. 47A(4) inserted by No. 26/2023 s. 60.

(4) In giving a direction set out in a provision of this Division in a proceeding to which subsection (2) applies, the trial judge may use a form of words that reflects that an absence of consent is not an element of the sexual offence, regardless of whether or how consent is referred to in that provision.

In a proceeding for an offence under section 49B of the Crimes Act 1958 (sexual penetration of a child under the age of 16), the trial judge considers there are good reasons to give a direction under section 47C(1)(a) (a direction on the absence of physical injury, violence or a threat). The trial judge gives the direction in section 47D by informing the jury that experience shows that—

(a) there are many different circumstances in which sexual offending against a child may occur; and

(b) sexual offending against a child may occur without the child being physically injured or subjected to violence, or threatened with physical injury or violence.

S. 47A(5) inserted by No. 26/2023 s. 60.

(5) Nothing in subsection (2), (3) or (4) affects or takes away from section 6.

S. 47B inserted by No. 38/2022 s. 48.