4.9.1 - Charge: Distress

Click here to obtain a Word version of this document for adaptation

You have heard evidence about NOC’s apparent distress [identify circumstances of distress and elaborate if necessary on the details of the distress].

[If there is evidence of the complainant’s distress soon after the alleged offence, add the following shaded section]

If you find that NOC was distressed soon after the alleged offence, the prosecution invites you to use this as indirect evidence that supports its case that [describe the issue the evidence may support (e.g. “s/he did not consent to the penetration”)]. In other words, the prosecution says that the distress supports a conclusion that NOC suffered a traumatic event. Given the timing of the distress, the prosecution say that the traumatic event was the alleged [identify relevant offence].

[If the distress evidence concerns distress when recounting the alleged offence, add the following shaded section]

If you find that NOC was distressed when [describe circumstances of recounting the alleged offence], the prosecution invites you to use this as indirect evidence that supports the complainant’s account that [describe the issue the evidence may support (e.g. “s/he did not consent to the penetration”). In other words, the prosecution says that the distress supports a conclusion that NOC was remembering and recounting a traumatic event. Given the circumstances, the prosecution say that the traumatic event was the alleged [identify relevant offence].

[Insert relevant prosecution arguments]. The defence dispute this, and say [insert relevant defence arguments].

Last updated: 3 August 2016

See Also

4.9 - Distress