Lack of complaint, jury warning about
36BD Lack of complaint, jury warning about
Where on the trial of a person for a sexual offence or an offence under Chapter XXII of The Criminal Code (as enacted at any time) evidence is given or a question is asked of a witness which tends to suggest an absence of complaint in respect of the commission of the alleged offence by the complainant or to suggest delay by the complainant in making any such complaint, the judge shall —
give a warning to the jury to the effect that absence of complaint or delay in complaining does not necessarily indicate that the allegation that the offence was committed is false; and
inform the jury that there may be good reasons why a victim of an offence such as that alleged may hesitate in making or may refrain from making a complaint of that offence.
[Section 36BD inserted: No. 74 of 1985 s. 15; amended: No. 14 of 1992 s. 13; No. 71 of 2000 s. 8.]
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