97AAdmissibility of tendency evidence in proceedings involving child sexual offences

97A Admissibility of tendency evidence in proceedings involving child sexual offences

[Section 97A Inserted by No. 2 of 2023, s. 22, Applied:20 Apr 2023]

(1)  This section applies in a criminal proceeding in which the commission by the defendant of an act that constitutes, or may constitute, a child sexual offence is a fact in issue.

(2)  It is presumed that the following tendency evidence about the defendant will have significant probative value for the purposes of sections 97(1)(b) and 101(2) :

(a) tendency evidence about the sexual interest that the defendant has or had in children (even if the defendant has not acted on the interest);

(b) tendency evidence about the defendant acting on a sexual interest that the defendant has or had in children.

(3)  Subsection (2) applies whether or not the sexual interest or act to which the tendency evidence relates was directed at a complainant in the proceeding, or any other child or children generally.

(4)  Despite subsection (2) , the court may determine that the tendency evidence does not have significant probative value if it is satisfied that there are sufficient grounds to do so.

(5)  The following matters (whether considered individually or in combination) are not to be taken into account when determining whether there are sufficient grounds for the purposes of subsection (4) unless the court considers there are exceptional circumstances in relation to those matters (whether considered individually or in combination) to warrant taking them into account:

(a) the sexual interest or act to which the tendency evidence relates (the tendency sexual interest or act) is different from the sexual interest or act alleged in the proceeding (the alleged sexual interest or act);

(b) the circumstances in which the tendency sexual interest or act occurred are different from circumstances in which the alleged sexual interest or act occurred;