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Section 34 of Sexual Offences Act: Evidence of character and previous sexual history

    

(1) No evidence as to any previous sexual experience or conduct of any person against or in connection with whom any offence of a sexual nature is alleged to have been committed, other than evidence relating to sexual experience or conduct in respect of the offence which is being tried, shall be adduced, and no question regarding such sexual conduct shall be put to such person, the accused or any other witness at the proceedings pending before a court unless the court has, on application by any party to the proceedings, granted leave to adduce such evidence or to put such questions.
(2) Before an application for leave contemplated in subsection (1) is heard, the court shall direct that any person, other than the complainant, whose presence is not necessary, may not be present at the proceedings.
(3) The court shall, subject to subsection (4), grant the application referred to in subsection (1) if satisfied that such evidence or questioning—
(a) relates to a specific instance of sexual activity relevant to a fact in issue;
(b) is likely to rebut evidence previously adduced by the prosecution;
(c) is likely to explain the presence of semen or the source of
pregnancy or disease or any injury to the complainant, where it is relevant to a fact in issue;
(d) is not substantially outweighed by its potential prejudice to the complainant’s personal dignity and right to privacy; or (e) is fundamental to the accused’s defence.

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Disclaimer: This document is not to be taken as legal advise.

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