SEXUAL OFFENCES - EVIDENCE ACT

Question 1

Identify and discuss the provisions of section 44, evidence act 2006

Answer 1

Section 44 protects the victims character, so the comments and evidence presented in court about the complainant are strictly limited to what is relevant to the case and are not fairly prejudicial.
No evidence and questions can be put to the complainant about
The sexual experience of the complainant with any other person except that defendant and
The reputation of the complainant in sexual matters
Unless the judge decides that this is relevant to the proceedings

Question 2

Identify and discuss the provisions of the evidence act 2006 in relation to the victims address being made available

Answer 2

(A) no questions maybe put to the complainant or any other witness and no evidence may be given concerning particulars about the complainant’s address or
(B) the complainant’s address may not be included in any statement or remark made by a witness, lawyer, office of the court or any other person
Unless the judge decides a A or B is of sufficient direct relevance to the facts

Question 3

In a sexual case, section 97 criminal procedure act 2011 details who maybe present during the giving of oral evidence of any victim.
List these people

Answer 3

The judge
The prosecutor
The defendant and any person acting as a custodian of the defendant
Any lawyer in engaged in the proceedings
Any officer of the court
Police employee in charge of the case
Any person whose presence is requested by the complainant
Allowed member of the media

Question 4

What is the definition of a sexual case under section 4 evidence act 2006?

Answer 4

A sexual case means a criminal proceedings in which a person is charged with, or is waiting to be sentenced or otherwise dealt with for
(A) an offence against any provisions of sections 128 to 142a or sections 144a of the crimes act 1961 or
(B) any other offence of a sexual nature

Question 5

List acceptable corroboration in sexual cases

Answer 5

Defendants silence
Victims distressed condition
Victims ability to describe the scene
Defendants statement, admission or confession
Defendants lies