TY - JOUR
T1 - Helping jurors to understand
T2 - misconceptions about delay in making a complaint
AU - Byrne, Greg
N1 - Publisher Copyright:
© The Author(s) 2021.
PY - 2022
Y1 - 2022
N2 - In a sexual offence case, jurors may have misconceptions that inappropriately affect their evaluation of a complainant’s evidence, for example, where the complainant has not complained at the first reasonable opportunity to do so. In Victoria, a judge may assist jurors to understand why a complainant may not have complained earlier by providing examples that are not drawn from the evidence. The Victorian Court of Appeal has recently questioned the legislative authority to do this. This article answers the Court’s question. It also considers the Court’s obligations to address this misconception, having regard to a complainant’s interests, to ensure a fair trial.
AB - In a sexual offence case, jurors may have misconceptions that inappropriately affect their evaluation of a complainant’s evidence, for example, where the complainant has not complained at the first reasonable opportunity to do so. In Victoria, a judge may assist jurors to understand why a complainant may not have complained earlier by providing examples that are not drawn from the evidence. The Victorian Court of Appeal has recently questioned the legislative authority to do this. This article answers the Court’s question. It also considers the Court’s obligations to address this misconception, having regard to a complainant’s interests, to ensure a fair trial.
KW - Criminal law
KW - juries
KW - legal interpreting
KW - sexual assault
UR - http://www.scopus.com/inward/record.url?scp=85119055982&partnerID=8YFLogxK
U2 - 10.1177/1037969X211052707
DO - 10.1177/1037969X211052707
M3 - Article
AN - SCOPUS:85119055982
VL - 47
SP - 16
EP - 22
JO - Alternative Law Journal
JF - Alternative Law Journal
SN - 1037-969X
IS - 1
ER -