What is the conduct of the complainant in failing to complain?

It is the conduct of the complainant in failing to complain, not the lack of evidence of recent complaint, which the jury may take into account in deciding whether the woman's conduct is inconsistent with the truthfulness of her testimony: Kribbs v. The Queen 1960 CanLII 7 (SCC), 1960 S.C.R. 400 at 406. On that issue, evidence of failure to complain whether from other witnesses or from cross examination of the complainant on credibility is certainly relevant and admissible without a voir dire as is the complainant's explanation if the defense raises failure to complain. After all, the defence cannot have the advantage of a factual circumstance giving rise to an inference in its favor without having that factual circumstance tested in the usual way. Such evidence has nothing to do with the issue of admissibility of a recent complaint before the trial judge on the voir dire.