Sexually explicit out-of-court statements by a complainant to an accused, including internet communications, are admissible as original evidence to prove the complainant's intention or purpose (relevant to consent) and the accused's understanding (relevant to honest and reasonable belief in consent), and when adduced for those non-hearsay purposes do not constitute evidence of sexual disposition under s 36BA or sexual experiences under s 36BC of the Evidence Act 1906 (WA). A conversation in which one person describes graphic sexual activities with the purpose of sexually stimulating the other may amount to a 'sexual experience' under s 36BC, but may still be admissible with leave if substantially relevant and if probative value outweighs distress to the complainant.
The full text is available to signed-in members, including the 7 later cases that cite this judgment.
3 of the 7 citing cases carry a classified treatment. How each court treated it is available to signed-in members.