After the abolition of the corroboration warning rule by s 341(5) Evidence Act 1929 (SA), a trial judge must not give a generalised warning about the danger of false allegations in sexual cases, must not invoke the 'experience of the judges' as a basis for such warning, and must not use anecdotes unrelated to the facts of the case to illustrate the danger of false complaints. Any warning must be tailored to the particular circumstances of the case. A direction on consent that suggests 'rougher than usual handling' may be a permissible means of persuading a reluctant spouse to consent to intercourse is an error of law, as it is apt to convey that consent may be induced by force.
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