Commonwealth Consolidated Acts

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CRIMES ACT 1914 - SECT 15YC

Evidence of sexual experience

             (1)  Evidence of a child witness' or child complainant's experience with respect to sexual activities is inadmissible in a child proceeding, unless:

                     (a)  the court gives leave; or

                     (b)  the evidence is of sexual activities with a defendant in the proceeding.

             (2)  The court must not give leave unless satisfied that:

                     (a)  the evidence is substantially relevant to facts in issue in the proceeding; or

                     (b)  if the evidence relates to the credibility of a child witness and is to be adduced in cross-examination of the child--the evidence has substantial probative value.

             (3)  The evidence is not to be treated as being substantially relevant to facts in issue merely because of inferences it may raise as to the child witness' or child complainant's general disposition.

             (4)  Without limiting the matters to which the court may have regard in deciding whether the evidence has substantial probative value, it is to have regard to:

                     (a)  whether the evidence tends to prove that the witness knowingly or recklessly made a false representation when the witness was under an obligation to tell the truth; and

                     (b)  the period that has elapsed since the acts or events to which the evidence relates were done or occurred.

             (5)  This section does not apply if the child is a defendant in the proceeding.



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