388. Evidence of specialised knowledge in certain cases

388. Evidence of specialised knowledge in certain cases

Despite any rule of law to the contrary, in a criminal proceeding that relates (wholly or partly) to a charge for a sexual offence, the court may receive evidence of a person's opinion that is based on that person's specialised knowledge (acquired through training, study or experience) of—

(a) the nature of sexual offences; and

(b) the social, psychological and cultural factors that may affect the behaviour of a person who has been the victim, or who alleges that he or she has been the victim, of a sexual offence, including the reasons that may contribute to a delay on the part of the victim to report the offence.

There is no rule of law preventing such evidence being given (and provisions relating to the use of expert and opinion evidence in the Evidence Act 2008 would appear to permit it), but this section has been included in any case, replicating a similar provision (now repealed) from the Evidence Act 1958.