194MEvidence relating to sexual experience

### 194M Evidence relating to sexual experience > > (1)  [*\[Section 194M Subsection (1) amended by No. 8 of 2020, s. 11, Applied:06 Apr 2020\]*](/view/html/inforce/2020-04-06/act-2020-008#GS11@EN) In any proceedings before a magistrate or court relating to a crime charged under [Chapter XIV](/view/html/inforce/2026-04-12/act-1924-069#JS1@HPIV@HcXIV@EN) , [Chapter XIVA](/view/html/inforce/2026-04-12/act-1924-069#JS1@HPIV@HcXIVA@EN) or Chapter XX of the *Criminal Code* or any offence under [section 35(3) of the](/view/html/inforce/2026-04-12/act-1935-044#GS35@Gs3@EN) [Police Offences Act 1935](/view/html/inforce/2026-04-12/act-1935-044) , including proceedings for the sentencing of the defendant, any evidence that discloses or implies – > > > > > > (a) the sexual reputation of the person against whom the crime or offence is alleged to have been committed must not be adduced or elicited; and > > > > > > > (b) the sexual experience of that person, other than sexual experience which forms part of the events or circumstances out of which the charge arises, must not be adduced or elicited unless leave of the magistrate or judge is first obtained on application made in the absence of any jury. > > > (2)  A magistrate or judge must not grant leave unless satisfied that – > > > > > > (a) the evidence sought to be adduced or elicited has direct and substantial relevance to a fact or matter in issue; and > > > > > > > (b) the probative value of that evidence outweighs any distress, humiliation or embarrassment which the person against whom the crime or offence is alleged to have been committed might suffer as a result of the admission of that evidence. > > > (3)  For the purpose of [subsection (2)(a)](#GS194M@Gs2@Hpa@EN) , evidence does not have direct and substantial relevance to a fact or matter in issue if it is relevant only to the credibility of the person against whom the crime or offence is alleged to have been committed. > > > (4)  For the purpose of [subsection (2)(b)](#GS194M@Gs2@Hpb@EN) , the magistrate or judge must take into account the following matters in assessing the amount of the distress, humiliation or embarrassment which the person against whom the crime or offence is alleged to have been committed might suffer as a result of the admission of the evidence: > > > > > > (a) the age of that person; > > > > > > > (b) the number and the nature of the questions likely to be put to that person. > > > (5)  If the magistrate or judge admits evidence of sexual experience, he or she must give reasons addressing each of the requirements for admissibility specified in that subsection. > > > (6)  In this section, a reference to sexual experience includes a reference to – > > > > > > (a) any sexual activity or sexual behaviour of that person; and > > > > > > > (b) the disposition of that person in sexual matters; and > > > > > > > (c) the lack of sexual experience of that person. > > > > > > > > | Note: This section does not appear in the Evidence Act 1995 of the Commonwealth. |