Sexual Assault Trials Handbook — Evidence

PA Cossins and J Goodman-Delahunty, “The application of the Uniform Evidence Law to delay in child sexual assault trials” in A Roberts and J Gans (eds), Critical perspectives on the Uniform Evidence Law, The Federation Press, 2017, p 104.

This chapter looks at how the Uniform Evidence Law (UEL) operates in relation to child sexual assault. It summarises the basis behind the common law position on the admission of complaint evidence. It discusses the first two cases heard by the High Court on complaint evidence under the UEL, subsequent reform and differences in approaches between states. Scientific evidence about the impact on memory caused by delay and by the nature of the event is discussed and reform options are considered.