s. 37 (d) the person is asleep, unconscious, or so affected by alcohol or another drug as to be incapable of freely agreeing; (e) the person is incapable of understanding the sexual nature of the act; (f) the person is mistaken about the sexual nature of the act or the identity of the person; (g) the person mistakenly believes that the act is for medical or hygienic purposes. S. 37 37 Jury directions substituted by No. 81/1991 (1) If relevant to the facts in issue in a proceeding the s. 3, judge must direct the jury on the matters set out in amended by Nos 81/1997 sections 37AAA and 37AA. s. 4, 2/2006 s. 4, (2) A judge must not give to a jury a direction of a substituted by kind referred to in section 37AAA or 37AA if the No. 57/2007 s. 3. direction is not relevant to the facts in issue in the proceeding. (3) A judge must relate any direction given to the jury of a kind referred to in section 37AAA or 37AA to— (a) the facts in issue in the proceeding; and (b) the elements of the offence being tried in respect of which the direction is given— so as to aid the jury's comprehension of the direction. S. 37AAA 37AAA Jury directions on consent inserted by No. 57/2007 For the purposes of section 37, the matters relating s. 4. to consent on which the judge must direct the jury are— (a) the meaning of consent set out in section 36; (b) that the law deems a circumstance specified in section 36 to be a circumstance in which the complainant did not consent;
(d) the person is asleep, unconscious, or so affected by alcohol or another drug as to be incapable of freely agreeing; (e) the person is incapable of understanding the sexual nature of the act; (f) the person is mistaken about the sexual nature of the act or the identity of the person; (g) the person mistakenly believes that the act is for medical or hygienic purposes. S. 37 substituted by No. 81/1991 s. 3, amended by Nos 81/1997 s. 4, 2/2006 s. 4, substituted by No. 57/2007 s. 3. 37 Jury directions (1) If relevant to the facts in issue in a proceeding the judge must direct the jury on the matters set out in sections 37AAA and 37AA. (2) A judge must not give to a jury a direction of a kind referred to in section 37AAA or 37AA if the direction is not relevant to the facts in issue in the proceeding. (3) A judge must relate any direction given to the jury of a kind referred to in section 37AAA or 37AA to— (a) the facts in issue in the proceeding; and (b) the elements of the offence being tried in respect of which the direction is given— so as to aid the jury's comprehension of the direction. S. 37AAA inserted by No. 57/2007 s. 4. 37AAA Jury directions on consent s. 37 For the purposes of section 37, the matters relating to consent on which the judge must direct the jury are— (a) the meaning of consent set out in section 36; (b) that the law deems a circumstance specified in section 36 to be a circumstance in which the complainant did not consent;
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