Evidence (Miscellaneous Provisions) Act 1991

In a sexual offence proceeding, evidence of family violence may be relevant evidence in the proceeding if it provides context for a fact in issue in the proceeding.

Note For when relevant evidence is admissible in a proceeding, see the Evidence Act 2011, s 56.

In considering whether evidence of family violence is relevant evidence, the court must take into account that—

a single act may amount to family violence; and

a number of acts that form part of a pattern of behaviour may amount to family violence, even though some or all of the acts, when viewed in isolation, may appear to be minor or trivial.

In this section:

evidence of family violence includes evidence of—

in relation to a person—any of the following:

the history of the relationship between the person and a family member, including family violence by—

the family member towards the person; or

the person towards the family member; or

the family member or the person in relation to any other family member;

the cumulative effect, including the psychological effect, of the family violence on the person or a family member;

any social, cultural or economic factors that impact on the person or a family member who has been affected by the family violence; and

in relation to family violence generally—any of the following:

the general nature and dynamics of relationships affected by family violence, including the possible consequences of separation from the abuser;

the cumulative effect, including the psychological effect of family violence on people who are, or have been, in a relationship affected by family violence;

the social, cultural or economic factors that impact on people who are, or have been, in a relationship affected by family violence.

family member—see the Family Violence Act 2016, section 9.

family violence—see the Family Violence Act 2016, section 8.

Division 4.4.2 Sexual offence proceedings—evidence of complainant’s sexual reputation and activities