Abstract

The Royal Commission into Institutional Responses to Child Sexual Abuse was constituted in 2013 to investigate historical and contemporary child sexual abuse committed in various institutional settings. As part of its work, the Royal Commission investigated the criminal justice system's response to offending of this kind. This investigation has included proposing amendments to the rules regulating the admission of tendency and coincidence evidence. The comment will examine the proposed changes to those rules, and the empirical basis for them. It argues that while there is certainly grounds for reconsidering the tendency and coincidence rules, the reforms proposed by the Royal Commission drastically and improperly lower the threshold for admissibility, and do not have a solid evidential basis.

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