CAP. 62A Sexual Offences Sexual Offences [Rev. 2012] (2) Before an application for leave contemplated in subsection (1) is heard, the court shall direct that any person, other than the complainant, whose presence is not necessary, may not be present at the proceedings. (3) The court shall, subject to subsection (4), grant the application referred to in subsection (1) if satisfied that such evidence or questioning— (a) relates to a specific instance of sexual activity relevant to a fact in issue; (b) is likely to rebut evidence previously adduced by the prosecution; (c) is likely to explain the presence of semen or the source of pregnancy or disease or any injury to the complainant, where it is relevant to a fact in issue; (d) is not substantially outweighed by its potential prejudice to the complainant’s personal dignity and right to privacy; or (e) is fundamental to the accused’s defence. 35. Medical treatment orders (1) A court shall upon conviction of a person having committed a sexual offence and if satisfied that the convicted person is dependent on or has the propensity to misuse alcohol, any drug or is suffering from any other disorder, and may benefit from treatment, grant an order for treatment or professional counseling and such an order shall be made in addition to any sentence, including a sentence of imprisonment which is not suspended. (2) Notwithstanding the provisions of subsection (1), a court shall, at any time at the request of a victim of sexual offence or an intermediary, grant an order for the treatment of a victim of sexual offence. (3) Notwithstanding the provisions of subsection (2), the Minister responsible for Health shall prescribe circumstances under which a victim of a sexual offence may at any time access treatment in any public hospital or institution. (4) The expenses incurred for the treatment or professional counseling of any person convicted of an offence under this section or a victim of a sexual offence as the case may be, shall be borne by the State. (5) All treatment in respect of a treatment order or professional counselling granted under this Act shall be undertaken at a public hospital or institution or any other institution approved or gazetted by the Minister responsible for health. (6) All medical records relating to treatment pursuant to subsections (1), (2), (3) and (4) shall be kept and may be used as evidence before any court with regard to any offence under this Act. [Act No. 7 of 2007, Sch.] 36. Evidence of medical, forensic and scientific nature (1) Notwithstanding the provisions of section 26 of this Act or any other law, where a person is charged with committing an offence under this Act, the court may direct that an appropriate sample or samples be taken from the accused person, at such place and subject to such conditions as the court may direct for [Issue 1] S9 - 22