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, 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.
