Similarities between sexual offences that are commonplace features of 'stranger rapes' — such as approaching a lone woman at night, dragging her to a secluded location, pushing her to the ground, and penetrating her vaginally — lack the distinctive quality required for significant probative value under s 98(1) of the Evidence Act 2008 (Vic). Material dissimilarities in the nature and extent of sexual acts, the age and stage of life of the accused at the time of each event, and differences in verbal exchanges and concealment behaviour, may deprive coincidence evidence of significant probative value. Where the subsequent offending involved florid and degrading circumstances, the prejudicial effect of the evidence — including the risk of propensity reasoning and emotional inflammation — is likely to substantially outweigh any limited probative value.
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