Sexual offences evidence and practical

Question 1

Section 44 of the Evidence Act 2006

What does this section say about sex crime victims giving evidence?

Answer 1

Section 44(1) and (2) outlines that in a sexual case no evidence and no questions can be put to the complainant about:

• the sexual experience of the complainant with any other person except the defendant
• the reputation of the complainant in sexual matters

Question 2

Sections 87 and 89 of the Evidence Act

What do they say?

Answer 2

• *Section 87** protects witnesses from having to state their address. This includes not only the street number and name, but also the name of the town or community they lived.
• *Section 88** is a specific section for sexual offences where the occupation of the victim must not be disclosed unless by permission of the Court.

Question 3

**Sexual Case **

Define as per Evidence Act, 2006

Answer 3

• *sexual case** means a criminal proceeding in which a person is charged with, or is waiting to be sentenced or otherwise dealt with for,—
  (a) an offence against any of the provisions of sections 128 to 142A or section 144A of the Crimes Act 1961; or
  (b) any other offence against the person of a sexual nature