Evidence of complaint in sexual assault cases that is not 'fresh' within the meaning of s 66 of the Evidence Act 1995 is inadmissible hearsay unless leave is obtained under s 108(3). Crown Prosecutors bear the responsibility of seeking leave under s 108(3) where complaint evidence is not fresh, and defence counsel must relate objections to the relevant statutory provisions. A direction to the jury to 'choose' between competing versions of events is not necessarily defective provided the jury is clearly directed that they must be satisfied beyond reasonable doubt that the complainant's version is true.
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