EVIDENCE ACT 1929 - SECT 34L

EVIDENCE ACT 1929 - SECT 34L

34L—Evidence in sexual cases generally

        (1)         In proceedings in which a person is charged with a sexual offence, no question may be asked or evidence admitted—

            (a)         as to the sexual reputation of the alleged victim of the offence; or

            (b)         except with the permission of the judge—as to the alleged victim's sexual activities before or after the events of and surrounding the alleged offence (other than recent sexual activities with the accused).

        (2)         In deciding whether permission should be granted under subsection (1)(b), the judge must give effect to the principle that alleged victims of sexual offences should not be subjected to unnecessary distress, humiliation or embarrassment through the asking of questions or admission of evidence of the kind referred to in that subsection, and must not grant permission unless satisfied that the evidence in respect of which permission is sought—

            (a)         is of substantial probative value; or

            (b)         would, in the circumstances, be likely materially to impair confidence in the reliability of the evidence of the alleged victim,

and that its admission is required in the interests of justice.

        (3)         Permission must not be granted under subsection (1)(b) authorising the asking of questions or the admission of evidence the purpose of which is only to raise inferences from some general disposition of the alleged victim.

        (4)         An application for permission under subsection (1)(b) must be heard and determined in the absence of the jury (if any).

        (5)         In a trial of a charge of a sexual offence, the judge is not required by any rule of law or practice to warn the jury that it is unsafe to convict the accused on the uncorroborated evidence of the alleged victim of the offence.

        (6)         Subsection (5) does not affect the operation of any provision of this or any other Act requiring that the evidence of a witness be corroborated.

        (7)         In this section—

"evidence" includes an allegation or statement made by way of an unsworn statement;

"sexual activities" includes sexual experience or lack of sexual experience.