Evidence of conversations about a complainant's sexual history occurring in the hours before an alleged sexual offence may constitute evidence of the complainant's 'sexual experience' at or about the time of the offence under s 293(4)(a)(i), and may form part of a 'connected set of circumstances' under s 293(4)(a)(ii), where the conversations are part of the sequence of events leading to the alleged offence. The distinction between 'sexual experience' (a state acquired over time) and 'sexual activity' (a discrete act) under s 293(4)(a)(i) is critical and may be determinative, as the dissent demonstrates. Partial exclusion of ERISP answers risks placing a distorted account before the jury.
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