Evidence of physical family violence in a relationship is admissible as relationship/context evidence under s 74A of the EMP Act in sexual offence proceedings, even where individual incidents appear minor, because the cumulative pattern of behaviour may be essential to understanding the complainant's state of mind and the accused's knowledge. However, a tendency to be violent to exert control does not have significant probative value in respect of sexual assault charges where consent is negated on the basis of recklessness as to consent, as distinct from knowledge of non-consent. Where tendency evidence would be admissible for some counts but not others on the same indictment, the resulting confusion from split tendency directions may constitute unfair prejudice outweighing probative value.
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