Section 34M(2) of the Evidence Act 1929 (SA) prohibits only counsel and the trial judge from suggesting that delay in making a complaint of a sexual offence is of itself probative of the complainant's credibility; it does not prohibit the jury from taking delay into account in its own assessment of credibility. A trial judge who directs the jury that such reasoning is impermissible commits an error of law. The mandatory directions under s 34M(4) must be given whenever complaint evidence is admitted, regardless of counsel's requests to dispense with them.
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