DENVER — A bipartisan bill that would protect victims in civil sex misconduct suits by changing the admissibility of certain evidence in those cases is now headed to the Colorado governor's desk.
Currently, much of the information about a victim's sexual history is considered irrelevant in a civil proceeding. However, there is one exception: if that sexual history involved the defendant in a civil sex misconduct case.
House Bill 25-1138, titled "Protect Victims in Civil Sex Misconduct Suits," has aimed to eliminate that exception. It would ensure that only instances of the victim's sexual activity that specifically show the defendant did not commit the alleged acts would be presumed relevant in the case, and therefore admissible in court. A judge must first review that evidence in private before it makes it to the courtroom. All other details are not permitted.
Evidence of the victim's appearance, lifestyle, and mode or manner of speech would not be considered admissible as evidence of the victim's consent or credibility, the bill reads.
The bill also requires new standards, which include allowing the victim at hearings related to the admission of this type of evidence.
"Additionally, if after an admissibility hearing the court finds that evidence may be admitted, it must also find that the evidence’s probative value (usefulness in proving or disproving a fact in a case) substantially outweighs the probability of unfair prejudice or invasion of privacy," the bill's fiscal note reads.
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The bill is not expected to have any notable impact on state expenditures.
According to Rape, Abuse & Incest National Network (RAINN), sexual misconduct is a broad non-legal term to describe a wide range of criminal behaviors, such as sexual assault and sexual harassment, but also stalking and verbal threats.
The bipartisan bill passed the House on Feb. 7 on a 60-2 vote. On Friday morning, it passed in the Senate by a 31-0 vote. The bill is now awaiting Colorado Gov. Jared Polis' signature to be signed into law. If signed, it will take effect on July 1, 2025 and applies to cases that occur on and after then.
House Bill 25-1138's primary sponsors are Rep. Megan Lukens and Sen. Lindsey Daugherty, both Democrats, and Rep. Rose Pugliese and Sen. Barbara Kirkmeyer, both Republicans.
“This legislation ensures that survivors of sexual violence are treated with dignity and fairness in civil court,” Daugherty said in a press release. “Survivors who bravely come forward deserve to know that irrelevant details – like their clothing, hair style, or past sexual history – will not be used against them. By preventing the use of these unrelated details in civil cases, we can protect survivors and hold perpetrators accountable.”
Denver7 has reached out to the other three sponsors for comment.
If you or somebody you know has been the victim of sexual assault, call RAINN’s National Sexual Assault Hotline at 800-656-4673 or chat online on their website here.
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