In child sexual assault trials, evidence of uncharged sexual conduct admitted as context/relationship evidence cannot be used to invite the jury to find that the accused harboured 'sexual feeling or passion' for the complainant — that crosses the line into tendency evidence requiring compliance with ss 97 and 101 of the Evidence Act 1995. Trial judges must follow a structured process: identify the evidence and purpose of tender; if tendency evidence, assess under ss 97 and 101; if context evidence, consider whether an issue has been raised making it relevant and assess under ss 135 and 137; and give clear directions confining the jury's use. The term 'context evidence' is preferable to 'relationship evidence' in jury directions.
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