Restrictions on evidence at trials for rape, etc

(1) Where a man is prosecuted for rape or for an attempt to commit rape, then, except with the leave of the judge, no evidence and no question in cross-examination shall be adduced or asked at the trial, by or on behalf of any defendant at the trial, about any sexual experience of a complainant with a person other than that defendant. (2) The Judge shall not give leave in pursuance of the preceding sub-section for any evidence or question except on an application made to him in the absence of the jury by or on behalf of a defendant; and on such an application the judge shall give leave if and only if he is satisfied that it would be unfair to that defendant to 43 refuse to allow the evidence to be adduced or the question to be asked. (3) In sub-section (1) “complainant” means a woman upon whom, in a charge for rape or attempted rape to which the trial in question relates, it is alleged that rape was committed, attempted or proposed. (4) Nothing in this section authorises evidence to be adduced or a question to be asked which cannot be adduced or asked apart from this section.