Evidence of prior consensual sexual activity between a complainant and an accused may have substantial relevance not only to the issue of the complainant's consent but critically to the accused's awareness or belief as to consent, and cross-examination on such evidence is not precluded by s 343 of the Criminal Procedure Act 2009 (Vic) where the purpose is to establish the accused's reasonable belief rather than to suggest the complainant is the type of person likely to have consented. A prosecution proposal to sanitise the relationship by describing the parties as 'friends' while excluding sexual history is not in the interests of justice where it would present the jury with a distorted picture.
The full text is available to signed-in members, including the 1 later case that cites this judgment.
1 of the 1 citing case carries a classified treatment. How each court treated it is available to signed-in members.