In Victoria, the only purpose for which evidence of uncharged criminal sexual acts may be used by a jury is to determine whether a sexual relationship existed between the complainant and the accused, thereby enabling the evidence of the charged offences to be assessed in a realistic contextual setting. There are not two separate purposes. A direction that presents the jury with a choice between proving a sexual relationship and placing charged acts 'in context' is a misdirection. As a matter of practice, evidence of uncharged acts should not be led before the trial judge has ruled on admissibility and the exact bearing of the evidence on the charged acts is agreed or decided.
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