The accused, charged with sexual assault, brought a Stage 1 application under section 276 of the Criminal Code to adduce evidence of a post-incident sexual relationship with the complainant.
The accused argued the evidence was necessary to contradict the complainant's narrative of their subsequent relationship and to support his defence that the initial encounter was the start of a consensual, months-long relationship.
The court found the proposed evidence was capable of being admissible as it did not rely on prohibited twin-myth reasoning and was relevant to the complainant's credibility and the narrative of the relationship.
The application was granted, moving the matter to a Stage 2 hearing.