Evidence of a complainant's distress in sexual offence cases is a species of circumstantial evidence subject to the same principles as post-offence conduct, including the requirement from Ciantar that it be assessed in the context of the totality of the evidence rather than in isolation. It will only rarely be 'intractably neutral' as between a more serious and less serious charge, because juries can assess degrees of distress. A delay of over three years between offending and trial, largely unexplained, constitutes a powerful mitigating factor that must be given substantial weight in sentencing.
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