Section 34M(2) of the Evidence Act 1929 (SA) does not prohibit defence submissions that scrutinise the plausibility of a complainant's account by reference to the riskiness of the alleged behaviour or the opportunity the complainant had to immediately complain, irrespective of whether a complaint was made. Where distress evidence is admitted, the trial judge must direct the jury that it is limited to the particular offences to which it is temporally related, is capable of alternative explanations, and does not corroborate evidence about background circumstances. Where a trial judge permits specific propensity reasoning regarding discreditable conduct, the judge must also expressly warn against impermissible 'bad person' reasoning.
The full text is available to signed-in members, including the 3 later cases that cite this judgment.
2 of the 3 citing cases carry a classified treatment. How each court treated it is available to signed-in members.