Evidence of a resumed or continuing sexual relationship between the accused and complainant after the alleged offence 'relates to' the relationship existing at the time of the offence within s 293(4)(b) Criminal Procedure Act 1986, and is admissible under that exception. The categories of exception in s 293(4) are to be construed broadly when the material is otherwise relevant. Defence counsel must prepare written statements of proposed evidence and identify the specific statutory exception relied upon when making applications under s 293. Failure to do so, where the evidence would have been admissible, may constitute a miscarriage of justice if the accused thereby lost a real chance of acquittal.
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