Australian Capital Territory Consolidated Acts

EVIDENCE (MISCELLANEOUS PROVISIONS) ACT 1991 - SECT 71

    (1)     This section applies if, in a sexual offence proceeding, evidence is given, or a question is asked of a witness, that tends to suggest that—

        (a)     the complainant made no complaint about the alleged offence; or

        (b)     there was a delay in making a complaint.

    (2)     The judge must––

        (a)     give the jury a warning to the effect that the absence of, or the delay in making, the complaint does not necessarily indicate that the allegation that the offence was committed is false; and

        (b)     tell the jury that there may be good reasons why a victim of a sexual offence may not make, or may hesitate in making, a complaint about the offence.