Sexual experience of complainant, evidence of
36BC Sexual experience of complainant, evidence of
In proceedings for a sexual offence, evidence relating to the sexual experiences of the complainant, being sexual experiences of any kind, at any time and with any person, not being part of the res gestae of the proceedings, shall not be adduced or elicited by or on behalf of an accused unless leave of the court has first been obtained on application made in the absence of the jury (if any).
The court shall not grant leave under subsection (1) unless satisfied that —
what is sought to be adduced or elicited has substantial relevance to the facts in issue; and
the probative value of the evidence that is sought to be adduced or elicited outweighs any distress, humiliation or embarrassment which the complainant might suffer as a result of its admission.
[Section 36BC inserted: No. 74 of 1985 s. 15; amended: No. 14 of 1992 s. 13; No. 84 of 2004 s. 82.]
The statute text is free to read above. View Pro plans to unlock the case-law research tools for each provision.