Criminal Law (Rape) (Amendment) Act, 1990
Amendment of section 3 of Principal Act. |
13.— Section 3 of the Principal Act is hereby amended by the substitution of the following subsection for subsection (1): | |
“(1) If at a trial any person is for the time being charged with a sexual assault offence to which he pleads not guilty, then, except with the leave of the judge, no evidence shall be adduced and no question shall be asked in cross-examination at the trial, by or on behalf of any accused person at the trial, about any sexual experience (other than that to which the charge relates) of a complainant with any person; and in relation to a sexual assault tried summarily pursuant to section 12— | ||
(a) subsection (2) (a) shall have effect as if the words ‘in the absence of the jury’ were omitted, | ||
(b) subsection (2) (b) shall have effect as if for the references to the jury there were substituted references to the court, and | ||
(c) this section (other than this paragraph) and subsections (3) and (4) of section 7 shall have effect as if for the references to the judge there were substituted references to the court.”. |