Jury Directions Bill 2015: Sexual Assault Trials and Victim Reporting
Tuesday 14 April 2015 @ 12.58 p.m. | Crime | Legal Research
Juries in sexual assault trials could be told to disregard the timing of when victims reported an attack, under changes being pursued in the Victoria parliament by the Labor government in the Jury Directions Bill 2015, introduced into the Legislative Assembly on 17 March 2015.
Purpose of the Bill
According to the explanatory materials, the purposes of this Bill are—
- to reduce the complexity of jury directions in criminal trials; and
- to simplify and clarify the issues that juries must determine in criminal trials; and
- to simplify and clarify the duties of the trial judge in giving jury directions in criminal trials; and
- to clarify that it is one of the duties of legal practitioners appearing in criminal trials to assist the trial judge in deciding which jury directions should be given; and
- to assist the trial judge to give jury directions in a manner that is as clear, brief, simple and comprehensible as possible; and
- to provide for simplified jury directions in relation to specific issues; and
- to re-enact the Jury Directions Act 2013 with amendments; and
- to amend the Evidence Act 2008 in relation to corroboration directions; and
- to make consequential and other amendments.
Background to the Bill
According to the Second Reading Speech, the Jury Directions Act 2013 (VIC), which commenced on 1 July 2013, was a significant first step to simplify jury directions. The centrepiece of that act is the jury direction request provisions in part 3. These provisions create a new framework for determining which directions are given in a trial. Together with the act's guiding principles, these provisions encourage a collaborative culture between trial judges and counsel. The act also supports trial judges giving a short and tailored summing up, encourages better ways of communicating with juries, and simplifies problematic jury directions on post-offence conduct and the meaning of 'proof beyond reasonable doubt'.
The act has been very well received by the courts and other stakeholders. However, more needs to be done. The Jury Direction Bill 2015 will continue the effect of the Jury Directions Act, but will improve it by restructuring the legislation and making some refinements to ensure that the provisions work as effectively as possible.
Amendments to the following judicial directions will occur:
- Directions on other misconduct evidence;
- Directions on unreliable evidence;
- Directions on identification evidence;
- Directions on delay and forensic disadvantage;
- Directions on the failure to give or call evidence;
- Directions on non-communication of consent;
- Directions on delay and credibility; and
- Directions on what must be proved beyond reasonable doubt
Reaction to the Bill
Attorney-General Martin Pakula says the laws will provide extra protection for sexual assault victims by prohibiting the judge or parties from saying that sexual assault complainants are unreliable in general. Currently victims may be undermined by questions about why they did not report a sexual offence at the earliest possible opportunity:
"It is important that those who don't report sexual offences, particularly historical sexual offences, early are not disadvantaged. It will make sure that judges don't give directions to juries which suggest people's credibility is any way diminished by delay in terms of reporting."
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Sources:
Jury Directions Bill 2015 as reproduced on TimeBase LawOne
