HB 25-1138: Protect Victims in Civil Sex Misconduct Suits

Official summary

Abstract published by the legislature (via Open States). Text as published by the legislature; reproduced verbatim.

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.)

Sponsors

Sponsors by party (alphabetical): Democratic 32 · Republican 12

“Support” is shown only as formal sponsorship recorded by the legislature. Roll-call votes are available on the official bill page.

Recent official actions

1. March 13, 2025Signed by the President of the Senate
2. March 13, 2025Sent to the Governor
3. March 13, 2025Governor Signed
4. March 12, 2025Signed by the Speaker of the House
5. March 7, 2025Senate Third Reading Passed - No Amendments
6. March 6, 2025Senate Second Reading Passed - No Amendments
7. March 3, 2025Senate Committee on Judiciary Refer Unamended - Consent Calendar to Senate Committee of the Whole
8. February 11, 2025Introduced In Senate - Assigned to Judiciary
9. February 7, 2025House Third Reading Passed - No Amendments
10. February 6, 2025House Second Reading Special Order - Passed with Amendments - Committee
11. February 4, 2025House Committee on Judiciary Refer Amended to House Committee of the Whole
12. January 29, 2025Introduced In House - Assigned to Judiciary