Sexual Offences Evidence

Question 1

Section 44 (1) evidence act 2006

Evidence of sexual experience of complainants in sexual cases..

Answer 1

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 permission of the judge.

Question 2

Section 44 (2) evidence act 2006

Answer 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.

Question 3

Section 44 (3) sexual offences evidence

Answer 3

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

Question 4

Section 44 (4) evidence act 2006

Answer 4

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

Question 5

Section 44 evidence Act 2006

Answer 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.

Question 6

Section 44 (6) evidence act 2006

Answer 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.