Evidence Act 1929

This section abolishes the common law relating to recent complaint in sexual cases.

129 CLR 460; Crofts v The Queen

186 CLR 427

In a trial of a charge of a sexual offence, no suggestion or statement may be made to the jury that a failure to make, or a delay in making, a complaint of a sexual offence is of itself of probative value in relation to the alleged victim's credibility or consistency of conduct.

Despite any other rule of law or practice, evidence related to the making of an initial complaint of an alleged sexual offence is admissible in a trial of a charge of the sexual offence.

If evidence referred to in subsection (3) is admitted in a trial, the judge must direct the jury that—

it is admitted—

to inform the jury as to how the allegation first came to light; and

as evidence of the degree of consistency of conduct of the alleged victim; and

it is not admitted as evidence of the truth of what was alleged; and

there may be varied reasons why the alleged victim of a sexual offence has made a complaint of the offence at a particular time or to a particular person, but that, otherwise, it is a matter for the jury to determine the significance (if any) of the evidence in the circumstances of the particular case.

It is not necessary that a particular form of words be used in giving the direction under subsection (4).

In this section—