54HDirection on evidence of post-offence relationship

54H Direction on evidence of post-offence relationship

(1) If, before any evidence is adduced in the trial and after hearing submissions from the prosecution and defence counsel (or, if the accused is unrepresented, the accused), the trial judge considers that in the trial there is likely to be evidence of a post-offence relationship, the trial judge—

(a) must direct the jury in accordance with subsection (5) before any such evidence is adduced; and

(2) If, at any other time during the trial, the trial judge considers that there is evidence of a post-offence relationship, the trial judge must direct the jury in accordance with subsection (5) as soon as is practicable.

(3) A direction under this section may be given—

(4) The trial judge may repeat a direction under this section at any time in the trial.

(5) In giving a direction under this section, the trial judge must inform the jury that experience shows that—

S. 54H(5)(a) amended by No. 26/2023 s. 61(a).

(a) people may react differently to a sexual offence, and there is no typical, proper or normal response; and

S. 54H(5)(b) amended by No. 26/2023 s. 61(b).

(b) some people who are subjected to a sexual offence will never again contact the person who subjected them to the offence, while others—

(i) may continue a relationship with that person; or

(ii) may otherwise continue to communicate with them; and

S. 54H(5)(c) amended by No. 26/2023 s. 61(c)(i).

(c) there may be good reasons why a person who is subjected to a sexual offence—

S. 54H(5)(c)(i) amended by No. 26/2023 s. 61(c)(ii).

(i) may continue a relationship with the person who subjected them to the offence; or

(ii) may otherwise continue to communicate with that person.

(6) In giving a direction under this section, the trial judge may give an example of a good reason referred to in subsection (5)(c).

(7) An example given in accordance with subsection (6) need not be based on the evidence given in the trial.

Pt 5 Div. 5 (Heading and ss 54I–54K) inserted by No. 38/2022 s. 56.

Division 5—Whether complainant is distressed or emotional while giving evidence

S. 54I inserted by No. 38/2022 s. 56.