Signed by Governor Jared Polis

Vote Smart's Synopsis:

Vote to pass a bill that prohibits courtroom discussion of a sexual assault victim's previous sexual activity in civil cases where the defendant is their former partner in Colorado.

Highlights:

• Repeals previous exceptions that allowed certain evidence of a victim's prior or subsequent sexual conduct to be 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 (Sec. 1-2).

• 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 (Sec. 1-2).

• 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 (Sec. 1-2).

• Specifies that the court is required to allow the nonmoving party to object and 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 (Sec. 1-2).

• Specifies that the provisions of this bill declare an emergency and shall take effect immediately upon passage and approval by the Governor (Sec. 3).

Full Bill Text