41 Restriction on evidence or questions about complainant's sexual history

Chapter III
Protection of Complainants in Proceedings for Sexual Offences

41  Restriction on evidence or questions about complainant's sexual history

(1)     If at a trial a person is charged with a sexual offence, then, except with the leave of the court—

(a)     no evidence may be adduced, and

(b)     no question may be asked in cross-examination,

by or on behalf of any accused at the trial, about any sexual behaviour of the complainant.

(2)     The court may give leave in relation to any evidence or question only on an application made by or on behalf of an accused, and may not give such leave unless it is satisfied—

(a)     that subsection (3) or (5) applies, and

(b)     that a refusal of leave might have the result of rendering unsafe a conclusion of the jury or (as the case may be) the court on any relevant issue in the case.

(3)

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