The exception in s 293(4)(c) of the Criminal Procedure Act 1986 (NSW) permitting evidence of a complainant's sexual history is confined to the acts of sexual intercourse the subject of the charges, not all acts of intercourse alleged by the complainant. Even where the exception is engaged, evidence of prior sexual activity has marginal probative value where the accused admits the charged acts occurred accompanied by violent conduct consistent with the complainant's injuries. The dissent leaves open the question whether a broader construction may be adopted in future cases.
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