Relevant similarities for coincidence and tendency evidence under ss 97 and 98 of the Evidence Act 2008 (Vic) are not confined to the particular sex acts but extend to surrounding circumstances including the accused's modus operandi. A prolonged course of conduct with distinctive and recurrent features — such as systematic disinhibition techniques — can supply the requisite similarity even where individual offences are commonplace. Credibility issues such as delay in complaint do not bear on the assessment of probative value under ss 97 and 98.
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