Responding to misconceptions about sexual offending : example directions for judges and lawyers
Responding to misconceptions about sexual offending : example directions for judges and lawyers
Te Kura Kaiwhakawā | The Institute of Judicial Studies
- Wellington, New Zealand: Te Kura Kaiwhakawā | The Institute of Judicial Studies, 2023
- electronic document (65 pages) ; PDF file
exual offending is an area that is commonly misunderstood by people without training or education in the area. Research has shown that jurors may believe myths and misconceptions about sexual offending, and that this can affect how they consider the evidence in sexual cases.
This document (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.
The misconceptions material contains example directions that judges can tailor to use in a sexual case to address any misconceptions about sexual offending that are relevant to that
case. The purpose of giving a direction is to reduce the risk that jurors will engage in improper reasoning.
If there is an issue raised on the facts and evidence, it will be for the judge to decide the nature of any direction that may be required. The examples directions are provided as a guide only and the wording will need to be adapted to the circumstances of the particular case. (From the Introduction). Record #8380
CRIMINAL JUSTICE
EVIDENCE
EVIDENCE ACT 2006
LEGAL PROFESSION
RAPE MYTH
SEXUAL VIOLENCE
VICTIMS OF SEXUAL VIOLENCE
NEW ZEALAND
exual offending is an area that is commonly misunderstood by people without training or education in the area. Research has shown that jurors may believe myths and misconceptions about sexual offending, and that this can affect how they consider the evidence in sexual cases.
This document (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.
The misconceptions material contains example directions that judges can tailor to use in a sexual case to address any misconceptions about sexual offending that are relevant to that
case. The purpose of giving a direction is to reduce the risk that jurors will engage in improper reasoning.
If there is an issue raised on the facts and evidence, it will be for the judge to decide the nature of any direction that may be required. The examples directions are provided as a guide only and the wording will need to be adapted to the circumstances of the particular case. (From the Introduction). Record #8380
CRIMINAL JUSTICE
EVIDENCE
EVIDENCE ACT 2006
LEGAL PROFESSION
RAPE MYTH
SEXUAL VIOLENCE
VICTIMS OF SEXUAL VIOLENCE
NEW ZEALAND