Where evidence of prior disclosures of sexual abuse is adduced at trial but does not qualify as 'initial complaint' evidence under s 34M of the Evidence Act 1929 (SA), the trial judge must still direct the jury that the evidence cannot be used for its truth or to bolster the complainant's credibility. This obligation arises regardless of whether the evidence was adduced by the prosecution or the defence. The absence of such directions gives rise to a miscarriage of justice where there is a real risk the jury might reason impermissibly.
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