Protect Victims in Civil Sex Misconduct Suits

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 act eliminates this exception.

The act 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 party moving to admit evidence presumed irrelevant is required to 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: This summary applies to this bill as enacted.)