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.”.