Victorian Current Acts

JURY DIRECTIONS ACT 2015 - SECT 47I

For the purposes of this Division, a direction on general assumptions not informing a reasonable belief in consent is a direction that informs the jury that—

        (a)     a belief in consent based solely on a general assumption about the circumstances in which people consent to a sexual act (whether or not that assumption is informed by any particular culture, religion or other influence) is not a reasonable belief; and

        (b)     if a belief in consent is based on a combination of matters including a general assumption of that kind, then, to the extent that it is based on that general assumption, it is not a reasonable belief.

Examples

Each of the following is an example of a general assumption of the kind referred to in this section—

(a)     a general assumption that a person who gets drunk and flirts with another person consents to a sexual act with that other person;

(b)     a general assumption that a person who dresses in a way that is considered sexually provocative, and who visits another person's home, consents to a sexual act with that other person.

Division 2—Delay and credibility

S. 48 amended by No. 6/2017 s. 16.