The use of judicial directions as a way in which to inform and educate the jury about what amounts, or does not amount, to consent. The way in which a defendant’s ‘honest belief’ in consent is dealt with and The conditions or circumstances that are seen as negating consent In a family violence context, where the complainant and the defendant know each other, the issue of consent is complex.Ģ5.74 The report of the National Council to Reduce Violence Against Women and their Children ( Time for Action) noted variations across Australia in terms of: This is a matter for the jury to determine by reference to the defendant’s actual state of mind-and, in some jurisdictions, by reference to whether that state of mind was reasonable-at the time the sexual conduct occurred. This is a matter for the jury to determine by reference to the complainant’s actual state of mind at the time the sexual conduct occurred.Ģ5.73 In adult sexual assault trials, it is common for the defendant to admit sexual activity but assert a belief that it was consensual. List of Agencies, Organisations and Individuals ConsultedĢ5.72 Sexual offences against adults generally require the prosecution to prove that the complainant did not consent to the sexual conduct.
Expanding specialised family violence courts in Australia.Existing specialised family violence courts in Australia.Advantages and challenges of specialisation.