Intoxication, memory and the jury in sexual assault trials: Sobering reflections on the NSW experience

What you'll learn

CPD areas: Substantive Law.

This pre-recorded online webinar examines how juror misconceptions about the effects of alcohol intoxication on memory undermine the fairness of sexual assault trials in New South Wales. Drawing on empirical research, case law, and trial practice, it argues that jurors frequently equate intoxication with memory inaccuracy, despite scientific evidence indicating that alcohol impairs the completeness—but not necessarily the accuracy—of memory, particularly at low to moderate levels. In the absence of expert evidence or judicial guidance, jurors are often left to rely on vague self-assessments, imprecise third-party accounts, or personal experience, leading to speculative and inconsistent credibility assessments. The talk explores the evidentiary and procedural means by which these misconceptions may be addressed under existing law, focusing on the admissibility and use of expert evidence and the development of judicial directions. It concludes that a combined approach—incorporating expert evidence, targeted jury instructions, and contextualised presentation of intoxication evidence—is necessary to dispel enduring myths, promote science-based decision-making, and enhance the reliability of verdicts in alcohol-related sexual assault prosecutions.

Once enrolled, you will be provided a link to the recording and can watch on demand from Thursday, 28 August 2025.

Presenter: Stephanie Lind

For lawyers and barristers

If this educational activity is relevant to your professional development and practice of the law, then you should claim 1.5 MCLE/CPD points per webinar or 12 units for the full series. Practitioners are advised to check with the CPD governing body in their jurisdiction for the most accurate and up-to-date information.

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2025/26 Criminal Law
CPD Series

This webinar is part of the 2025/26 Criminal Law CPD Series features eight recorded webinars led by experts from the University of Sydney and the legal profession.

The webinars share practical knowledge and experience, as well as the latest developments to enhance your expertise while meeting CPD requirements. You’ll have the flexibility to access the content at your convenience, allowing you to engage at your own pace from any location at any time.

Enrolment options include:

• Enrol in individual webinars*
• Enrol in the entire series at a 27% saving compared to enrolling in webinars individually*
• Enrol in 5 or more webinars to receive a 10% discount

University of Sydney alumni and staff are eligible to receive a 10% discount.