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Act index » Chapter 8 - General » Part 8.2 - Witnesses » Division 1 - Guiding principles
338 Guiding principles
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It is the intention of Parliament that in interpreting and applying this Part in any criminal proceeding that relates (wholly or partly) to a charge for a sexual offence, courts are to have regard to the fact that—
New s. 338 inserted by No. 68/2009 s. 50.S. 338 renumbered as s. 390 by No. 68/2009 s. 52(b).
(a)there is a high incidence of sexual violence within society; and
S. 338(a) amended by No. 68/2009 s. 51(zw)(i), renumbered as s. 390(a) by No. 68/2009 s. 52(b).
(b)sexual offences are significantly under-reported; and
S. 338(b) amended by No. 68/2009 s. 51(zw)(ii), renumbered as s. 390(b) by No. 68/2009 s. 52(b).
(c)a significant number of sexual offences are committed against women, children and other vulnerable persons including persons with a cognitive impairment; and
S. 338(c) amended by No. 68/2009 s. 51(zw)(iii), renumbered as s. 390(c) by No. 68/2009 s. 52(b).
(d)offenders are commonly known to their victims; and
S. 338(d) amended by No. 68/2009 s. 51(zw)(iv), renumbered as s. 390(d) by No. 68/2009 s. 52(b).
(e)sexual offences often occur in circumstances where there is unlikely to be any physical sign of an offence having occurred.