Victorian Consolidated Legislation

Crimes Act 1958 - SECT 37AA

Jury directions on the accused's awareness

37AA. Jury directions on the accused's awareness

For the purposes of section 37, if evidence is led or an assertion is made
that the accused believed that the complainant was consenting to the sexual
act, the judge must direct the jury that in considering whether the
prosecution has proved beyond reasonable doubt that the accused was aware that
the complainant was not consenting or might not have been consenting, the jury
must consider-

   (a)  any evidence of that belief; and

   (b)  whether that belief was reasonable in all the relevant circumstances
        having regard to-

   (i)  in the case of a proceeding in which the jury finds that a
        circumstance specified in section 36 exists in relation to the
        complainant, whether the accused was aware that that circumstance
        existed in relation to the complainant; and

   (ii) whether the accused took any steps to ascertain whether the
        complainant was consenting or might not be consenting, and if so, the
        nature of those steps; and

   (iii) any other relevant matters.