Evidence Act

Section 74 of the Evidence Act governs “[r]estrictions on evidence at trials for rape.” This section provides that when a man is being prosecuted for rape or attempted rape, the “sexual experience of a complainant with a person other than that defendant” is inadmissible. The exception to this rule is if a judge is satisfied that it would be unfair to the defendant to refuse to allow the evidence. Under Section 92(3), a judge has discretion to warn the jury of the “special need for caution” when the prosecution relies only on the testimony of the accuser where a person is “prosecuted for rape, attempted rape, carnal knowledge or any other sexual offence.”