Absent, inconsistent or delayed complaint of alleged sexual assault cannot of itself be treated as a badge of untruth, but neither can it of itself be treated as a badge of truth; the credibility of the complainant's explanation for delay remains a significant matter for the trier of fact. A school groundskeeper whose role involves no particular authority, power, trust, control or ability to achieve intimacy with students is not acting in the course of employment when committing sexual assault — the employment provides at most the opportunity, not the occasion, for the wrongful act. The non-delegable duty of a school to its students does not extend to preventing intentional or criminal acts by employees, per Lepore and Prince Alfred College v ADC, though this question may be revisited by the High Court.
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