Queensland Consolidated Acts

EVIDENCE ACT 1977 - SECT 103ZZA

103ZZA Direction on evidence of post-offence relationship

(1) This section applies if evidence is given, or is likely to be given, or a question is asked, or is likely to be asked, of a witness that tends to suggest that, after the sexual offence the subject of the criminal proceeding is alleged to have been committed, the complainant—

(a) continued a relationship with the defendant; or

(b) otherwise continued to communicate with the defendant.

(2) The judge must direct the jury that experience shows that—

(a) people may react differently to non-consensual sexual activity and there is no typical, normal or proper response to non-consensual sexual activity; and

(b) some people who are subjected to non-consensual sexual activity will never again contact the person who subjected them to the activity, while others—

(i) may continue a relationship with that person; or

(ii) may otherwise continue to communicate with that person; and

(c) there may be good reasons why a person who is subjected to non-consensual sexual activity—

(i) may continue a relationship with the person who subjected them to the activity; or

(ii) may otherwise continue to communicate with that person.

Examples of good reasons—

1 The person was overborne by the abuse of a relationship of authority, trust or dependence.

2 The person fears family dissolution.

3 The person has a fear of ostracism from their community.