Sexual Offences - Evidence Act 2006

Question 1

Section 44, Evidence Act 2006

Answer 1

Evidence of sexual experience of complainant’s in sexual cases

Question 2

Purpose

Answer 2

Protect the victim’s character, so comments and evidence presented in court about the complainant are strictly limited to what is relevant to the case and are not unfairly prejudicial.

Question 3

R v McClintock

Answer 3

The test … is a strong one but the categorising of cases can only be a matter of degree. An earlier incident of sexual intercourse may be of marginal relevance, but where it has neither proximity in time nor sufficiently similar to the circumstances of the alleged rape, cross examination on the matter is not warranted.