I questioned that issue as well. On consideration I think it's a valid point. A sexual assault occurs regardless of what the complainant was wearing or her prior relationship with the accused. Wearing alluring clothing or having previously had sex with an attacker does not constitute consent.

If an examination of the complainant's clothing is necessary for evidence, then asking her to provide the clothing is all that's required. If the clothing isn't required for evidence, then what she was wearing is legally irrelevant. Similarly in the matter of having had sex with the attacker previously, where the investigator should simply ask the complainant to describe her relationship with the accused. At that point she may voluntarily reveal anything she wishes. Again, prior sex with the attacker is legally irrelevant as to the matter of sexual assault.

Further questions can be asked by the Crown prosecutor, if necessary.