Evidence of distress in sexual offence cases generally carries little weight and juries should ordinarily be warned of its inherent limitations, particularly where the observation of distress is made some time after the incident, is equivocal, or could result from other causes. Trial judges must not conflate evidence of distress with evidence of complaint or express opinions overstating the significance of such evidence. A complaint that does not disclose relevant sexual conduct by the accused does not constitute evidence of recent complaint. Trial judges must not cross-examine the accused to raise issues that neither the Crown nor the defence has put in play.
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