Can a person be questioned in court about their past sexual experience?
When a sexual assault or abuse case is heard in court, evidence about the past sexual experience of either the victim or the accused is not allowed to be given unless it relates directly to the case that is being heard. This includes what other people say or think about the person.
What is sexual assault?
Generally speaking, sexual assault is any type of unwanted sexual behaviour that makes someone feel uncomfortable, intimidated or afraid.
What is child abuse?
Child abuse is when children or young people are harmed, not protected or not taken care of. Child abuse can happen in many ways, for example: Physical abuse, Emotional abuse, Sexual abuse, Neglect.
The person the Police have charged or are going to charge with assaulting or sexually abusing you.
The court must take into account:
- Whether the importance of the evidence to the case is greater than any distress or embarrassment the person might feel about it being said.
- The importance of respecting the person’s privacy and dignity.
- The right of the accused to be able to defend themselves against the charge.
The jury is also told that they must not think the victim consented just because in the past they might have agreed to have sex with the accused or with another person.
Agreed or said 'yes'.
Links
For more informationFor more information about this or to contact the South Eastern Centre Against Sexual Assault go to the SECASA website. |
