Victorian Current Acts

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JURY DIRECTIONS ACT 2015 - SECT 47H

Direction on non-consensual sexual acts occurring between all sorts of people

For the purposes of this Division, a direction on non-consensual sexual acts occurring between all sorts of people is a direction informing the jury that experience shows that—

        (a)     there are many different circumstances in which people do and do not consent to a sexual act; and

        (b)     sexual acts can occur without consent between all sorts of people, including—

              (i)     people who know each other;

              (ii)     people who are married to each other;

              (iii)     people who are in a relationship with each other;

              (iv)     people who provide commercial sexual services and people for whose arousal or gratification such services are provided;

              (v)     people of the same or different sexual orientations;

              (vi)     people of any gender identity, including people whose gender identity does not correspond to their designated sex at birth.

Examples

People who are transgender, non-binary, genderqueer or gender fluid.

Subdivision 4—Directions on reasonable belief in consent

S. 47I inserted by No. 38/2022 s. 48.



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