Complainants in sexual cases

44 Evidence of sexual experience of complainants in sexual cases

(1)

In a sexual case, no evidence can be given and no question can be put to a witness relating directly or indirectly to the sexual experience of the complainant with any person other than the defendant, except with the permission of the Judge.

(1A)

Subsection (1) is subject to the requirements in section 44A.

(2)

In a sexual case, no evidence can be given and no question can be put to a witness that relates directly or indirectly to the reputation of the complainant in sexual matters.

(3)

In an application for permission under subsection (1), the Judge must not grant permission unless satisfied that the evidence or question is of such direct relevance to facts in issue in the proceeding, or the issue of the appropriate sentence, that it would be contrary to the interests of justice to exclude it.

(4)

The permission of the Judge is not required to rebut or contradict evidence given under subsection (1).

(5)

In a sexual case in which the defendant is charged as a party and cannot be convicted unless it is shown that another person committed a sexual offence against the complainant, subsection (1) does not apply to any evidence given, or any question put, that relates directly or indirectly to the sexual experience of the complainant with that other person.

(6)

This section does not authorise evidence to be given or any question to be put that could not be given or put apart from this section.

Section 44(1A): inserted, on 8 January 2017, by section 14 of the Evidence Amendment Act 2016 (2016 No 44).