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 (PDF, 3.8  MB)

Recent updates:

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. 

Review process for Responding to misconceptions about sexual offending: Example directions

Te Kura Kaiwhakawā | Institute of Judicial Studies published the example sexual violence evidential directions in August 2023 to provide guidance for judges and lawyers as the first cases came to court that were required to take s 126A of the Evidence Act 2006 into account. On their publication, concerns were raised by legal professional organisations about the example directions. Te Kura formed a Working Group to engage with the profession over their concerns and the Working Group has begun its revision of the document.  Any resulting changes to the Misconceptions material will be noted in the table above.

Te Kura Kaiwhakawā welcomes any comments or suggestions about the misconceptions material. Feedback can be sent to: TeKura@justice.govt.nz