Last updated 2 February 2026

Evidence of complainants

Special rules of evidence apply in relation to complainants (including children) to a sexual offence.

The court may disallow or excuse witnesses from answering any improper questions the court considers to be misleading, confusing, annoying, harassing, intimidating, offensive, oppressive, repetitive or phrased in inappropriate language.

In deciding whether to disallow a question, the court must take into account particular characteristics of the individual witness (i.e. any mental, intellectual or physical impairment the witness has and any other relevant matter including age, education, level of understanding, cultural background or relationship to any party to the proceedings) (s 21 Evidence Act 1977 (Qld) (Evidence Act)).

Special provisions apply to children who are witnesses in certain proceedings (including for sexual offences) (see pt 2 div 4A of the Evidence Act).

Adult complainants to sexual offences are declared special witnesses. Children under 16 are automatically declared to be a special witness. Also, a person to whom domestic violence has been or is alleged to have been committed by another person is a special witness.

If a witness is a special witness, the court may make any of the following orders:

  • that the accused be excluded from the court or obscured (e.g. by a screen) while the witness is giving evidence or while the witness is otherwise required to be present
  • that all persons other than those specified by the court be excluded while the witness is giving evidence
  • that a person approved by the court be present to give emotional support to the witness while giving evidence or while they are otherwise required to be in court
  • that the witness give evidence in a room other than the room in which they are sitting and from which all persons other than those specified by the court are excluded
  • that the witness give videotaped evidence or evidence via a closed-circuit television link
  • any other orders the court considers appropriate including rest breaks for the witness or a direction that questions for the witness be kept simple, be limited by time generally or by number on a particular issue.

Intermediaries

The intermediary scheme is an additional special provision for vulnerable witnesses.

Vulnerable witnesses may be unable to give clear and accurate evidence due to their communication needs arising from a range of reasons including but not limited to:

  • very young or very old age
  • cognitive issues
  • trauma
  • learning disabilities
  • mental illness
  • ADHD and autism.

The Evidence Act has introduced that an intermediary (selected from a panel (s 21AZV Evidence Act) can be appointed for complainants by application to the court. Their function can include informing the court of the communication needs of the witness and making recommendations on the most effective way to communicate with the witness (pt 2 div 4C Evidence Act).

Sexual offence expert evidence panel

Queensland courts is piloting a sexual offence expert evidence panel (the Panel) in Brisbane and Townsville to allow experts to give relevant evidence in sexual violence proceedings (pt 6B div 4 Evidence Act). The Panel is a two-year program.

The Panel has two streams of experts to service referrals for matters in specified courts at pilot locations in Brisbane and Townsville.

Stream 1 will allow an expert to give relevant evidence about the defendant in a proceeding for a relevant offence. Specifically, as to whether the defendant’s cognitive and/or mental health impairment at the time of the alleged offence was a substantial cause of the person not saying or doing anything to ascertain whether the other person consented to the sexual act.

Stream 2 will allow experts to give counterintuitive evidence about the nature of sexual offences and the social, psychological and cultural factors that may affect the behaviour of a person who has been, or alleges to be, the victim of a relevant sexual offence as requested by the prosecution, defence or court.

Preliminary complaint evidence

A preliminary complaint is any complaint made to a witness by the complainant prior to the complainant’s statement to police. Examples include to a friend, a parent, a teacher or to a guidance officer.

Generally, evidence of a statement made to another person is not admissible. One exception to this rule is evidence of a recent (or fresh) complaint in trials for sexual offences. Section 94A of the Evidence Act outlines the admissibility of preliminary complaint in sexual offences and domestic violence offences. Evidence of how and when any preliminary complaint was made by the complainant is admissible regardless of when the complaint was made. There are directions a judge must give to a jury when a matter is at trial that give a jury direction on how to use such evidence (e.g. reliability).

The court can exclude the evidence if it is satisfied that it would be unfair to the defendant to admit it (s 94A(3) Evidence Act).

Evidence of sexual experience

The circumstances in which a complainant may be asked during trials for sexual offences about their sexual experience with the accused and other persons, as well as their general sexual reputation, is very limited. Questions and comments about the complainant’s sexual reputation are prohibited entirely (ss 103ZG–103ZN Evidence Act). Questions of the complainant regarding their prior sexual history with either the accused or any other person may only be asked with the leave (permission) of the court.

Cross-examination by the accused in person

An unrepresented accused is prohibited from cross-examining in person any children under 16 years of age, persons with an impairment of the mind and victims of sexual offences or violent crimes (s 21N Evidence Act). These persons are called protected witnesses (s 21M Evidence Act). A grant of Legal Aid will be given to an accused to allow cross-examination of these witnesses by a lawyer (s 21P Evidence Act), unless the accused arranges for their own legal representation instead for that purpose or the accused does not wish to cross-examine any protected witness (see generally ss 21L–21S Evidence Act).

Proceedings in private

Proceedings for sexual offences can occur in a closed court if an application is made and the court so orders as it is not the whole trial or proceeding that is in private generally.

Section 21AAA of the Evidence Act states that the court may on its own initiative or on an application made by a party, order that all persons other than those specified by the court be excluded from the room while evidence is being presented by a special witness. The accused cannot be excluded (s 21AAA(3) Evidence Act).

Publication of the complainant’s identity is also prohibited (s 103ZZN Evidence Act).