51Prohibited statements and suggestions in relation to complainants, delay and unreliability

51 Prohibited statements and suggestions in relation to complainants, delay and unreliability

(1) The trial judge, the prosecution and defence counsel (or, if the accused is unrepresented, the accused) must not say, or suggest in any way, to the jury that—

(a) the law regards complainants in sexual offence cases as an unreliable class of witness; or

(b) complainants in sexual offence cases are an unreliable class of witness; or

S. 51(1)(c) amended by No. 38/2022 s. 51(1).

(c) complainants who delay in making a complaint or do not make a complaint are, as a class, less credible or require more careful scrutiny than other complainants; or

S. 51(1)(d) inserted by No. 38/2022 s. 51(2).

(d) complainants who provide commercial sexual services are, as a class, less credible or require more careful scrutiny than other complainants; or

S. 51(1)(e) inserted by No. 38/2022 s. 51(2).

(e) complainants who have a particular sexual orientation are, as a class, less credible or require more careful scrutiny than other complainants; or

S. 51(1)(f) inserted by No. 38/2022 s. 51(2).

(f) complainants who have a particular gender identity (including complainants whose gender identity does not correspond to their designated sex at birth) are, as a class, less credible or require more careful scrutiny than other complainants.

People who are transgender, non-binary, genderqueer or gender fluid.

(2) The trial judge must not say, or suggest in any way, to the jury that, because the complainant delayed in making a complaint or did not make a complaint—

(a) it would be dangerous or unsafe to convict the accused; or

(b) the complainant's evidence should be scrutinised with great care.

1 The trial judge is not required to inform the jury about the matters set out in this section.

2 Section 7 provides for correction of statements or suggestions to the contrary of section 51(1).

3 The trial judge, the prosecution and defence counsel (or, if the accused is unrepresented, the accused) may say or suggest that the particular complainant's delay in making a complaint or lack of a complaint does, or may, affect the complainant's credibility.