Intellectually-impaired complainant — non-party disclosure — Criminal Disclosure Act 2008, ss 8, 27 & 29 — Evidence Act 2006, s 44. Both defendants faced sexual violation and rape charges. The charges arose from separate incidents involving the same complainant. In this pretrial matter the defendants sought non-party disclosure from ACC, which held a number of files relating to the complainant. The defendants argued that the information in the ACC files had a bearing on the credibility and reliability of the complainant, who had made a number of sexual violation complaints in the past. Also the files may have contained information to support the defendants' planned cross-examination of the complainant on her previous sexual experience. Both defendants planned to argue that the complainant had consented to sexual activity. The Court observed that the fact that the complainant had been the victim of previous sexual assaults could not inform the question of consent in respect of the defendants. Having regard to the relevance of the evidence as balanced against the complainant's right to privacy, the Court determined that certain information from the ACC files be provided to the counsel for both parties. To protect the complainant's privacy as much as possible, the Court set conditions on how the information was to be used and disposed of. Judgment Date: 29 June 2018. * * * Note: names have been changed to comply with legal requirements. * * *