In criminal proceedings involving sexual offences where the complainant is under 18, s 377 of the Criminal Procedure Act 2009 (Vic) — not s 66 of the Evidence Act 2008 (Vic) — governs the admissibility of complaint evidence. Section 377 extends the hearsay exception by removing the 'fresh in the memory' requirement and substituting a 'sufficiently probative' test. Evidence will be sufficiently probative if it discloses an identifiable, specific representation that adds weight to the complainant's evidence by constituting a representation likely to be made if the asserted fact had occurred. The standard of appellate review of a decision under s 377 is whether it was open to the trial judge to be satisfied, not de novo review.
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