Victorian Current Acts

CRIMINAL PROCEDURE ACT 2009 - SECT 338

It is the intention of Parliament that in interpreting and applying this Part in any criminal proceeding that relates (wholly or partly) to a charge for a sexual offence, courts are to have regard to the fact that—

        (a)     there is a high incidence of sexual violence within society; and

        (b)     sexual offences are significantly under-reported; and

        (c)     a significant number of sexual offences are committed against women, children and other vulnerable persons including persons with a cognitive impairment; and

        (d)     offenders are commonly known to their victims; and

        (e)     sexual offences often occur in circumstances where there is unlikely to be any physical sign of an offence having occurred.

Division 2—Evidence concerning complainant

New s. 339 inserted by No. 68/2009 s. 50.