Report 87: Review of Section 409B of the Crimes Act 1900 (NSW) New South Wales Law Reform Commission, Sydney, 1998,188pp

Abstract

Traditionally, at common law, the prior sexual history of the victim of a sexual offence was considered relevant per se both to the issue of consent to the conduct complained of and to the victim's general credibility and reliability as a witness. On this basis, victims could be cross-examined about matters such as: their sexual reputation; sexual history with the accused; sexual history with persons other then the accused; whether the victim was a prostitute; any sexual activity following the commission of the sexual offence; and the victim's lack of sexual experience (eg, virginity).