Evidence of a complainant's failure to complain about the accused when disclosing prior sexual abuse by a different person to a doctor may fall outside s 36BC of the Evidence Act 1906 (WA) where the evidence is not adduced to prove the complainant's sexual experiences but to establish the fact and absence of complaint. Even where such evidence is wrongly excluded, the proviso may apply where the prosecution case is strong and the admission of the evidence would inevitably have led to the prosecution adducing a later complaint by the complainant against the accused.
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