A trial judge's direction on complaint evidence in sexual assault cases must not convey to the jury that the law obliges them to treat complaint evidence as consistent with the complainant's account. The jury must understand that the law does not attach any greater significance to complaint evidence than they themselves are disposed to give it. Where the complainant's credibility is very much in issue and complaint evidence is potentially decisive, a direction framing the significance of complaint as a 'legal theory' may constitute a misdirection warranting a new trial.
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