Expert evidence about how child victims of sexual assault respond to and disclose offending, including evidence about intrafamilial dynamics, is admissible under s 79 of the Evidence Act 1995 (NSW) and does not require an invariable limiting direction about impermissible use. The need for such a direction depends on the circumstances of the trial including how the evidence is led, whether it is challenged, and how the Crown uses it. Where a complainant uses expressions such as 'in' and 'on' interchangeably in describing contact with genitalia, and no clarification is sought, a reasonable doubt may arise as to whether penetration occurred sufficient to constitute sexual intercourse.
The full text is available to signed-in members, including the 5 later cases that cite this judgment.
2 of the 5 citing cases carry a classified treatment. How each court treated it is available to signed-in members.