Western Australian Current Acts Western Australian Current Acts Where on the trial of
a person for a sexual offence or an offence under Chapter XXII of The Criminal
Code (as enacted at any time) evidence is given or a question is asked of a
witness which tends to suggest an absence of complaint in respect of the
commission of the alleged offence by the complainant or to suggest delay by
the complainant in making any such complaint, the judge shall —
(a) give
a warning to the jury to the effect that absence of complaint or delay in
complaining does not necessarily indicate that the allegation that the offence
was committed is false; and
(b)
inform the jury that there may be good reasons why a victim of an offence such
as that alleged may hesitate in making or may refrain from making a complaint
of that offence.
[Section 36BD inserted: No. 74 of 1985 s. 15;
amended: No. 14 of 1992 s. 13; No. 71 of 2000 s. 8.]