Sexual Assault proceeding takes the same course like the other criminal cases filed in court.
The prosecution will present evidence to prove the guilt of the accused beyond reasonable doubt.
In presenting the evidence, the prosecution will present the victim to testify on her case. There are restrictions imposed when the victim will testify and to refute her evidence by the defence.
Evidence as to sexual activity, sexual relationships of the victim, her sexual reputations and sexual experience are restricted as to its admission for specific purposes like to establish that the complaining victim is more likely to consent and engage in sexual activity. Neither these shall be considered as an indicator of the victim’s truthfulness.
Evidence as to sexual reputation of the complainant is inadmissible as evidence in all Australian States. The reason for this is that the sexual reputation of the complainant has nothing to do or far removed from the actual events or circumstances for its admission in order to be justified.
Different approaches were adopted by the Australian States and territories in connection with the sexual reputation and activity of the complainant offered as admissible evidence. It is taken into consideration the humiliating experience of the complainant in narrating and recalling the horrible incident before the jury which can lead to re-traumatizing of the victim and the possibility of blaming the latter for the occurrence of the incident. It may also reinforce prejudices which the jury may hold against the victims of the sexual assault.
Disclaimer : This article is just a summary of the subject matter being discussed and should not be regarded as a comprehensive legal advice for you to defend yourself alone. If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers.