Western Australian Current Acts Western Australian Current Acts (1) In proceedings for
a sexual offence, evidence relating to the sexual experiences of the
complainant, being sexual experiences of any kind, at any time and with any
person, not being part of the res gestae of the proceedings, shall not be
adduced or elicited by or on behalf of an accused unless leave of the court
has first been obtained on application made in the absence of the jury (if
any).
(2) The court shall
not grant leave under subsection (1) unless satisfied that —
(a) what
is sought to be adduced or elicited has substantial relevance to the facts in
issue; and
(b) the
probative value of the evidence that is sought to be adduced or elicited
outweighs any distress, humiliation or embarrassment which the complainant
might suffer as a result of its admission.
[Section 36BC inserted: No. 74 of 1985 s. 15;
amended: No. 14 of 1992 s. 13; No. 84 of 2004 s. 82.]