Queensland Consolidated Acts

EVIDENCE ACT 1977 - SECT 103ZD

103ZD Direction about lack of complaint or delay in making complaint

(1) This section applies if, in a criminal proceeding for a domestic violence offence, evidence is given, or is likely to be given, or a question is asked, or is likely to be asked, of a witness that tends to suggest—

(a) an absence of complaint in relation to the commission of the domestic violence offence by the person against whom the offence is alleged to have been committed (the
"complainant" ); or

(b) delay by the complainant in making a complaint in relation to the commission of the domestic violence offence.

(2) The judge—

(a) must direct the jury that the absence of complaint or delay in complaining does not, of itself, indicate that the allegation that the domestic violence offence was committed is false; and

(b) must direct the jury that there may be good reasons why a complainant of domestic violence may hesitate in making, or may refrain from making, a complaint about a domestic violence offence; and

Examples of good reasons—

1 The person was overborne by the abuse of a relationship of authority, trust or dependence.

2 The person has employed strategies to cope with the domestic violence offence such as suppression or disassociation from the offence.

3 The person has a fear of ostracism from their community.

(c) must not direct the jury that the absence of complaint or delay in complaining is relevant to the complainant’s credibility unless there is sufficient evidence to justify the direction.

(3) The judge may also repeat the direction at any time during the criminal proceeding.

(4) If the criminal proceeding also relates to a sexual offence alleged to have been committed by the defendant against the same complainant, the judge may—

(a) also give a warning under section 103ZZ ; or

(b) give a single warning to address both types of offences.