Victorian Numbered Acts Victorian Numbered Acts(1) In the note at the foot of section 46(2) of the Jury Directions Act 2015 , for "section 34C" substitute " section 36".
(2) For section 46(3)(c) of the Jury Directions Act 2015 substitute —
"(c) inform the jury that experience shows that—
(i) there are many different circumstances in which people do not consent to a sexual act; and
(ii) people who do not consent to a sexual act may not be physically injured or subjected to violence, or threatened with physical injury or violence; or
(d) inform the jury that experience shows that—
(i) people may react differently to a sexual act to which they did not consent and that there is no typical, proper or normal response; and
(ii) people who do not consent to a sexual act may not protest or physically resist the act; or
Example
The person may freeze and not do or say anything.
(e) inform the jury that experience shows that people who do not consent to a sexual act with a particular person on one occasion, may have on one or more other occasions engaged in or been involved in consensual sexual activity—
(i) with that person or another person; or
(ii) of the same kind or a different kind.".
(3) In the note at the foot of section 46(4)(a) of the Jury Directions Act 2015 , for "Section 34C" substitute " Section 36".
(4) In section 46(4)(b) of the Jury Directions Act 2015 , for "section 34C" substitute " section 36".