Any rule of common law under which a trial judge is required to direct the jury that—
(a) a complainant's delay in making a complaint or lack of complaint may cast doubt on the reliability of the complainant's evidence; and
(b) the jury should take this into account when evaluating the credibility of the allegations made by the complainant—
is abolished.
Notes
1 This provision abolishes the rules attributed to
Kilby v R
[1973] HCA 30; (1973) 129 CLR 460 and Crofts v R [1996] HCA 22; (1996)
186 CLR 427.
2 Section 4 applies generally to override any rule of law or practice to the contrary of this Act.
Pt 5 Div. 3 (Heading and ss 54A– 54D) inserted by No. 37/2017 s. 7.
Division 3—Differences in complainant's account
S. 54A inserted by No. 37/2017 s. 7.