Evidence of prior sexual assaults by persons other than the accused, relied upon to ground an inference of the complainant's knowledge of investigative procedures, is evidence relating to sexual experience within s 36BC of the Evidence Act 1906 (WA) and requires leave. Section 79C(2a) business records provisions do not apply where the document was not tendered and the maker of the statement gave oral evidence and was cross-examined; in any event, the s 79C(6) discretion to exclude applies where admission would confuse the issues. A jury verdict convicting on one count of digital penetration while acquitting on six other sexual offence counts is not necessarily inconsistent where the appellant's out-of-court admission was limited to one act of digital penetration consistent with the count of conviction.
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