15YB Evidence of sexual reputation
(1) Evidence of a child witness’ or child complainant’s reputation with respect to sexual activities is inadmissible in a proceeding, unless the court gives leave.
(2) The court must not give leave unless satisfied that the evidence is substantially relevant to facts in issue in the proceeding.
(3) The evidence is not to be treated as substantially relevant to facts in issue merely because of inferences it may raise as to the child witness’ or child complainant’s general disposition.
(4) If the evidence is admitted, it must not be treated as relevant to the child witness’ or child complainant’s credibility.
(5) This section does not apply if the child is a defendant in the proceeding.
15YC Evidence of sexual experience
(1) Evidence of a child witness’ or child complainant’s experience with respect to sexual activities is inadmissible in a proceeding, unless:
(a) the court gives leave; or
(b) the evidence is of sexual activities with a defendant in the proceeding.
(2) The court must not give leave unless satisfied that:
(a) the evidence is substantially relevant to facts in issue in the proceeding; or
(b) if the evidence relates to the credibility of a child witness and is to be adduced in cross-examination of the child—the evidence has substantial probative value.
(3) The evidence is not to be treated as being substantially relevant to facts in issue merely because of inferences it may raise as to the child witness’ or child complainant’s general disposition.
(4) Without limiting the matters to which the court may have regard in deciding whether the evidence has substantial probative value, it is to have regard to:
(a) whether the evidence tends to prove that the witness knowingly or recklessly made a false representation when the witness was under an obligation to tell the truth; and
(b) the period that has elapsed since the acts or events to which the evidence relates were done or occurred.
(5) This section does not apply if the child is a defendant in the proceeding.
15YD Leave under this Division
(1) An application for leave under this Division:
(a) must be in writing; and
(b) if there is a jury in the proceeding in question—must be made in the jury’s absence; and
(c) must not be determined before the court has considered such submissions and other evidence as it thinks necessary for determining the application.
(2) If the court gives leave under this Division, the court must:
(a) state its reasons in writing; and
(b) cause those reasons to be entered in the court’s records.
