Under current law, certain evidence of a victim's or witness's prior
or subsequent sexual conduct is presumed irrelevant, but there is an exception for evidence of the victim's or witness's prior or subsequent sexual conduct with the defendant. The bill eliminates this exception.
The bill expands the criminal rape shield law to prohibit the admission of evidence of:
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The victim's manner of dress or hairstyle as evidence of the victim's consent; or
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A victim's behavioral or mental health that is offered by a defendant who is a psychotherapist who is accused of unlawful sexual behavior, unless the court finds that the evidence is relevant to a material issue to the case.
The bill amends what a moving party must show to the court and
to opposing parties and what the court must find in order to introduce evidence that is presumed to be irrelevant under the criminal rape shield law.
