(1) This section applies in relation to an examination of witnesses, or a
trial, in relation to a sexual offence.
(2) Evidence of how and when any
preliminary complaint was made by the complainant about the alleged commission
of the offence by the defendant is admissible in evidence, regardless of when
the preliminary complaint was made.
(3) Nothing in subsection (2) derogates
from the power of the court in a criminal proceeding to exclude evidence if
the court is satisfied it would be unfair to the defendant to admit the
evidence.
(4) If a defendant is tried by a jury, the judge must not warn or
suggest in any way to the jury that the law regards the complainant’s
evidence to be more reliable or less reliable only because of the length of
time before the complainant made a preliminary or other complaint.
(5)
Subject to subsection (4) , the judge may make any comment to a jury on the
complainant’s evidence that it is appropriate to make in the interests of
justice.
Note—
See also the Criminal Code , section 632 and the
Evidence Act 1977, section 132BA .
(6) In this section—
"complaint" includes a disclosure.
"preliminary complaint" means any complaint other than—
(a) the
complainant’s first formal witness statement to a police officer given in,
or in anticipation of, a criminal proceeding in relation to the alleged
offence; or
Soon after the alleged commission of a sexual offence, the
complainant discloses the alleged commission of the offence to a parent (
"complaint 1" ). Many years later, the complainant makes a complaint to a
secondary school teacher and a school guidance officer (
"complaints 2 and 3" ). The complainant visits the local police station and
makes a complaint to the police officer at the front desk (
"complaint 4" ). The complainant subsequently attends an appointment with a
police officer and gives a formal witness statement to the police officer in
anticipation of a criminal proceeding in relation to the alleged offence (
"complaint 5" ). After a criminal proceeding is begun, the complainant gives a
further formal witness statement (
"complaint 6" ).
