Crimes Act 1914

Part IAD - Protecting vulnerable persons  

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History

Pt IAD heading substituted by No 74 of 2013, s 3 and Sch 2 item 1, applicable in relation to offences committed (or alleged to have been committed) on or after 29 June 2013. The heading formerly read:

Part IAD - Protection of children in proceedings for sexual offences

Pt IAD inserted by No 136 of 2001, s 3 and Sch 3 item 1, effective 29 October 2001.

Division 2 - Admissibility of evidence  

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History

Div 2 inserted by No 136 of 2001, s 3 and Sch 3 item 1, effective 29 October 2001.

SECTION 15YB   Evidence of sexual reputation  

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(1)    

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Evidence of a child witness ' or child complainant ' s reputation with respect to sexual activities is inadmissible in a child proceeding, unless the court gives leave.

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History

S 15YB(1) amended by No 74 of 2013, s 3 and Sch 2 item 20, by substituting " a child proceeding " for " a proceeding " , applicable in relation to offences committed (or alleged to have been committed) on or after 29 June 2013.

(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.

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History

S 15YB inserted by No 136 of 2001, s 3 and Sch 3 item 1, effective 29 October 2001.

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