Complaints of sexual offences made twelve months or more after the alleged events are not 'fresh in the memory' for the purposes of s 66 of the Evidence Act 1995 and are inadmissible as hearsay unless another exception applies. Where fabrication is suggested, leave under s 108(3)(b) must be expressly sought and obtained before prior consistent statements are admissible. Consensual sexual intercourse between spouses performed in the presence of a child with an invitation and encouragement to watch constitutes an 'act of indecency towards' the child under s 61E(2A) of the Crimes Act 1900. Jury directions on delay in complaint must balance the s 405B(2) direction by also directing that delay may reduce the complainant's credibility and may have prejudiced the accused's ability to prepare a defence.
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