Part 17Proceedings under Part 10: evidence
173Cases involving sexual behaviour: evidence
1
This section applies where—
a
an application is made to the sheriff—
i
to determine whether a section 67 ground is established, or
ii
to review a grounds determination, and
b
the ground involves sexual behaviour engaged in by any person.
2
In hearing the application the sheriff must not, unless the sheriff makes an order under section 175, admit evidence, or allow questioning of a witness designed to elicit evidence, which shows or tends to show one or more of the circumstances mentioned in subsection (3) in relation to a person mentioned in subsection (4).
3
The circumstances are that the person—
a
is not of good character (whether in relation to sexual matters or otherwise),
b
has, at any time, engaged in sexual behaviour not forming part of the subject-matter of the ground,
c
has, at any time (other than shortly before, at the same time as or shortly after the acts which form part of the subject-matter of the ground), engaged in behaviour (not being sexual behaviour) that might found an inference that the person is not credible or the person's evidence is not reliable,
d
has, at any time, been subject to any condition or predisposition that might found the inference that the person is not credible or the person's evidence is not reliable.
4
The persons are—
a
the child,
b
a person giving evidence for the purposes of the hearing,
c
any other person evidence of whose statements is given for the purposes of the hearing.
5
In subsection (4)(c), “statements” includes any representations, however made or expressed, of fact or opinion.
6
In this section and section 174, references to sexual behaviour engaged in include references to having undergone or been made subject to any experience of a sexual nature.