s 80B
In forceComments about lack of, or delays in making, complaint
Chapter 4Sexual, violent and family violence offence proceedings
Part 4.4Special requirements—sexual offence and family violence offence proceedings
Division 4.4.3Sexual and family violence offence proceedings—protection of counselling communications
80B Comments about lack of, or delays in making, complaint
(1)
This section applies if, in a sexual offence proceeding, evidence is given, or a question is asked of a witness, that tends to suggest that—
(a)
the complainant made no complaint about the alleged offence; or
(b)
there was a delay in making a complaint.
(2)
The judge must––
(a)
give the jury a warning to the effect that the absence of, or the delay in making, the complaint does not necessarily indicate that the allegation that the offence was committed is false; and
(b)
tell the jury that there may be good reasons why a victim of a sexual offence may not make, or may hesitate in making, a complaint about the offence.
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