The passage of over 40 years between alleged sexual offences and trial does not of itself warrant a permanent stay, even where the offence under s 50 of the Crimes Act 1958 requires proof of matters relating to the complainant's prior sexual history. The prohibition in s 341 of the Criminal Procedure Act 2009 on evidence of reputation with respect to chastity does not preclude the accused from challenging the complainant's evidence by establishing that she had in fact had intercourse with others. The archaic nature of s 50 is a matter for legislative reform, not judicial intervention by way of permanent stay.
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