Responding to misconceptions about sexual offending: Example directions for judges and lawyers
Resource Te Kura Kaiwhakawā | Institute of Judicial Studies:
Responding to misconceptions about sexual offending: Example directions for judges and lawyers (July 2024) (PDF, 1.6 MB)
Recent updates:
| Date | Updates |
| 30 July 2024 | The misconceptions materials were first published in August 2023. Following a consultation process with the legal profession a revised version was published on 30 July 2024. The misconceptions materials now includes an introduction to provide greater guidance on the use and tailoring of the directions. Each specimen direction refers back to the introduction, which contains commentary and a standard direction on the use that can legitimately be made from the misconception directions. Additional recent research has been incorporated into the commentary, recent case law added, and minor amendments have been made to a number of the specimen directions. |
Te Kura will continue to review and update the misconceptions materials in response to research and case law developments.
The example directions
Under s 126A of the Evidence Act 2006, judges are required to direct juries on misconceptions about sexual offending in certain situations. Responding to misconceptions about sexual offending: Example directions for judges and lawyers has been prepared to assist judges with these directions. It is provided publicly at the recommendation of the Law Commission to help prosecution and defence lawyers prepare for sexual violence hearings.
The example directions are a guide only, and must be tailored to the facts and legal issues of each individual case. The decision as to the wording and form of the direction is for the judge.
Research has shown that people carry with them assumptions about sexual offending that are not true. These false assumptions about sexual offending — about how often it happens, when it happens, where it happens, and what a victim looks like or how a victim should act — are widely held and do not reflect the reality of sexual offending. The purpose of giving the directions is to reduce the risk that jurors will engage in improper reasoning.
The misconceptions material brings together current research about sexual offending to identify what should be considered a misconception, and to provide evidence-based information about the behaviour and responses of victims and offenders.
Te Kura Kaiwhakawā welcomes any comments or suggestions about the misconceptions material. Feedback can be sent to: TeKura@justice.govt.nz