Significant age differences between complainants in child sexual offence cases (pre-pubescent versus post-pubescent) can constitute 'exceptional circumstances' under s 97A(5) of the Evidence Act 2011 (ACT), permitting consideration of the listed dissimilarity factors, but the presumption of significant probative value may nonetheless not be rebutted where there are strong similarities in the circumstances of the offending, particularly where the complainants are from the same family and the offending occurred opportunistically in the presence of family members.
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