Queensland Consolidated Acts

EVIDENCE ACT 1977 - SECT 103ZZ

103ZZ Direction on lack of complaint or delay in making complaint

(1) This section applies if evidence is given, or 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 sexual offence the subject of the criminal proceeding by the complainant; or

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

(2) The judge—

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

(b) must direct the jury that there may be good reasons why a person who does not consent to a sexual activity may hesitate in making, or may refrain from making, a complaint about a sexual 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 sexual 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 absence of complaint or delay in complaining is relevant to the complainant’s credibility unless there is sufficient evidence to justify the direction.

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

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

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

(4) In this section—

"domestic violence offence" see section 103B .