Where the prosecution seeks to prove implied admissions by an accused through statements made by the accused's spouse to a third party, the evidence must be adduced through the spouse (who can give evidence of admissions against interest) rather than through the third party, as the latter use infringes the hearsay rule. The wrongful admission of such evidence as part of the prosecution case may affect the accused's decision to give evidence, precluding application of the proviso. Statements by a child complainant that are non-specific as to sexual conduct, or that are made months after the last offending, do not qualify as recent complaints even where the child's age and circumstances provide good reason for the delay.
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