Victorian Numbered Acts Victorian Numbered Acts(1) In section 37A(1) of the Evidence Act 1958 , in Rule (2)(a) and (b), after "activities" insert "(whether consensual or non-consensual)".
(2) In section 37A(1) of the Evidence Act 1958 , for Rule (3)(a) substitute —
"(a) it is satisfied that the evidence has substantial relevance to a fact in issue and that it is in the interests of justice to allow the cross-examination or to admit the evidence, having regard to—
(i) whether the probative value of the evidence outweighs the distress, humiliation and embarrassment that the complainant may experience as a result of the cross-examination or the admission of the evidence, in view of his or her age and the number and nature of the questions that he or she is likely to be asked; and
(ii) the risk that the evidence may arouse discriminatory belief or bias, prejudice, sympathy or hostility in the jury; and
(iii) the need to respect the complainant's personal dignity and privacy; and
(iv) the right of the accused person to fully answer and defend the charge; or".
(3) In section 37A(1) of the Evidence Act 1958 , in Rule (4) after "sexual activities" insert ", or had freely agreed to engage in sexual activity with the accused person or another person other than the sexual activity to which the charge relates,".
(4) In section 37A(1) of the Evidence Act 1958 , after Rule (4) insert —
"(4A) Without limiting Rule (4), evidence of a kind referred to in that Rule is not admissible to support an inference that the complainant is the type of person who is more likely to have consented to the sexual activity to which the charge relates.".
(5) In section 37A(1) of the Evidence Act 1958 , in Rule (5)(c), for "(3) and (4)" substitute "(3), (4) and (4A)".
(6) In section 37B(2) of the Evidence Act 1958 ,
for "impaired
mental functioning" substitute
"a cognitive impairment".