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The effective date for bills enacted without a safety clause is August 6, 2025, if the General Assembly adjourns sine die on May 7, 2025 (unless otherwise specified). Details

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HB25-1138

Protect Victims in Civil Sex Misconduct Suits

Concerning evidentiary requirements to protect victims of sexual misconduct in civil suits.
Session:
2025 Regular Session
Subject:
Civil Law
Bill Summary

Under current law, certain evidence of a victim's prior or subsequent sexual conduct is presumed irrelevant and inadmissible in a civil proceeding, but there is an exception for evidence of the victim's prior or subsequent sexual conduct with the defendant. The bill eliminates this exception.

The bill prohibits the admission of evidence of the victim's manner of dress, hairstyle, mode or manner of speech, or lifestyle as evidence of the victim's consent, credibility, or the existence or extent of damages or harm.

The bill requires that the party moving to admit evidence presumed irrelevant must raise the issue at a pretrial conference and make a prima facie showing that the evidence is relevant for an admissible reason and that discovery is likely to rebut the presumption of inadmissibility. The court is required to allow the nonmoving party to object. If the court allows discovery, the court must issue a protective order that limits the scope of discovery to relevant issues and protect against unwarranted, irrelevant, or overly broad discovery into the alleged victim's sexual conduct or history.

(Note: Italicized words indicate new material added to the original summary; dashes through words indicate deletions from the original summary.)


(Note: This summary applies to the reengrossed version of this bill as introduced in the second house.)

Status

Introduced
Under Consideration

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