Pre-trial ruling — admission of evidence — Evidence Act 2006, s 44 — Crimes Act 1961, s 134 — R v Clode. The defendant was facing 18 charges, 16 of which were sexual connections charges. These charges included sexual intercourse, sexual grooming and receiving sexual services from an under 18 year old. It was alleged that the defendant engaged in sexual intercourse and other sexual content, in exchange for money, with the complainant who was aged between 13 and 15 years. At trial, the defendant planned to present a statutory defence under s 134A of the Crimes Act. He planned to submit that he had taken reasonable steps to find out whether the young person concerned was over 16 and on this basis reasonably believed he was engaging in sexual contact with a person of or over the legal age of consent. For this purpose, the defendant wanted to question the complainant at the trial about her previous sexual experience pursuant to s 44 of the Evidence Act. The judge acknowledged that the complainant would suffer negative effects by being asked such questions, but decided the defendant should be able to progress his defence. The defence was permitted to ask the complainant "Did she tell the defendant that she had been involved in prostitution before she and the defendant had any sexual contact?". Whether further questioning would be allowed was to be decided by the trial judge. Judgment Date: 23 February 2018.