Sexual Assault Trials Handbook — Evidence

D Hamer, “Myths, misconceptions and mixed messages: an early look at the new tendency and coincidence evidence provisions” (2021) 45 Crim LJ 232.

This article discusses reforms made to the tendency and coincidence evidence provisions in the Uniform Evidence Law jurisdictions following the recommendations of the Royal Commission into Child Sexual Abuse. The author argues that the reforms are unnecessarily complex, and that rather than improve understanding of the inferential value of other misconduct evidence, the reforms may sow confusion, wasting the resources of courts, and creating associated costs for complainants, defendants, and other participants.