LEV 3701 Semester 01 Assignment 01 Unique No.: 715457 Student No.:

LEV 3701 Semester 01 Assignment 01 Unique No.: Student No.: 1.1) The central issue in this question relates to what function the court plays when evidence of the complainant’s character is led in a case of indecent nature. The provisions of Section 227 of the Criminal Procedure Act 51 of 1977 speak to the evidence of character and previous sexual experience. Section 227(1) clearly states that any evidence as to the character of the accused or any person against or in connection with an alleged sexual offence which has been committed shall be admissible or inadmissible if said evidence would have been admissible or inadmissible on the 30th May 1961. This clause is also subject to the provisions of subsection (2) of Section 227. Also, with regards to the point of evidence being admissible or inadmissible on the 30th May 1961, this shows that this provision incorporates English Common Law. Section 227(2)-(4) provides further provisions applicable to evidence of character. According to these provisions, no evidence as to any previous sexual experiences of any person against or in connection with whom a sexual offence is alleged to have been committed will be adduced. Furthermore, any evidence or question during cross-examination regarding any sexual experience or conduct shall not be put to such person, any other witness or the accused at the proceedings before the court; unless the court has granted leave to adduce such evidence based on the application to do so by any party to the proceedings. The court will only grant this leave should the evidence or questioning is satisfied that it is relevant to the proceedings. Also, it’s important to note that before the application for leave is heard, the court could direct any person whose presence is not essential may not attend the proc