126AJudicial directions about misconceptions arising in sexual cases

1. In a sexual case tried before a jury, the Judge must give the jury any direction the Judge considers necessary or desirable to address any relevant misconception relating to sexual cases.

2. Misconceptions relating to sexual cases (all or any of which the Judge may consider relevant in the case) include, but are not limited to, misconceptions—

3. about the prevalence or features of false complaints in sexual cases:
4. that a victim or an offender in a sexual case has, or does not have, particular stereotypical characteristics:
5. that sexual offending is committed only by strangers, or is less serious when committed by a family member (including, but not limited to, a spouse, civil union partner, or de facto partner) or by an acquaintance:
6. that sexual offending always involves force or the infliction of physical injuries:
7. that, in a sexual case, a complainant is less credible or more likely to have consented, or a defendant’s belief in consent is reasonable, based solely on the complainant—
   1. dressing provocatively, acting flirtatiously, or drinking alcohol or taking drugs:
   2. being in a relationship with a defendant, including a sexual relationship:
   3. maintaining contact with a defendant, or showing a lack of visible distress, after the alleged offending.

8. This section does not limit or affect—

9. section 127 (delayed complaints or failure to complain in sexual cases):
10. any regulations made under section 201(1)(m) (warning or informing jury about very young children’s evidence).