In Western Australia, where evidence of uncharged sexual acts is admitted under s 31A of the Evidence Act 1906 (WA) to prove the accused had a sexual interest in the complainant, the trial judge must direct the jury that it should not conclude the accused had a sexual interest unless satisfied beyond reasonable doubt of the existence of that interest. A prosecutor's reference to the accused's election not to give evidence, followed by a statement that the jury has no version from the accused admitting or denying the conduct, constitutes prohibited comment under s 8(1)(c) even if the ultimate purpose was to highlight the importance of the complainant's evidence.
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