Evidence of equivocal domestic conduct (such as bottom-slapping) that is not obviously sexual may be left to the jury as potentially supporting an inference of sexual interest without meeting the Pfennig test, provided the jury is directed they must be satisfied beyond reasonable doubt that the conduct demonstrates sexual interest. A direction that evidence of a complainant's distressed condition when making a preliminary complaint may be used as evidence supporting the complainant's account does not confer corroborative quality on the evidence and is no different in potential consequence from general credibility directions. The question whether the Pfennig test applies to equivocal domestic conduct evidence relied upon as circumstantial evidence of sexual interest was identified but left unresolved.
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