HB24-1072 - Protection of Victims of Sexual Offenses
HB24-1072 – Protection of Victims of Sexual Offenses
Effective Date: Was signed into law by the Governor on April 24, 2024, and takes effect July 1, 2024, and applies to proceedings occurring on or after that date.
Bill Page / Signed Act / Last Fiscal Note
The bill modifies relevancy and admissibility standards for certain evidence of a victim’s or witness’s prior or subsequent sexual conduct with a defendant and incidents of false reporting of unlawful sexual behavior during criminal proceedings, as described below.
Relevant and admissible evidence during trial. The bill makes evidence of a victim’s or witness’ prior sexual conduct with a defendant irrelevant during a trial. In addition, the bill makes a victim’s manner of dress or hairstyle as evidence of the victim’s consent to sex acts inadmissible.
Exemption to irrelevant evidence. During a trial for certain sex offenses—including the class 4 felony of internet luring of a child; sexual assault offenses; human trafficking for sexual servitude; incest; sexual exploitation of a child; and child prostitution—there are certain exemptions to irrelevant evidence. The bill requires that motions articulate facts that would support a judicial finding that the evidence overcomes the presumption of irrelevance and outweighs the presumptive unfair prejudice, confusion of issues, misleading of the jury, or unfair invasion of the privacy of the victim or witness. When evidence concerns a witness who has at least one incident of false reporting of unlawful sexual behavior, motions must, by the preponderance of the evidence, demonstrate that the victim or witness made a report of unlawful sexual behavior that was demonstrably false or false in fact prior to or subsequent to the alleged offense.
Effective Date: Was signed into law by the Governor on April 24, 2024, and takes effect July 1, 2024, and applies to proceedings occurring on or after that date.
Bill Page / Signed Act / Last Fiscal Note
The bill modifies relevancy and admissibility standards for certain evidence of a victim’s or witness’s prior or subsequent sexual conduct with a defendant and incidents of false reporting of unlawful sexual behavior during criminal proceedings, as described below.
Relevant and admissible evidence during trial. The bill makes evidence of a victim’s or witness’ prior sexual conduct with a defendant irrelevant during a trial. In addition, the bill makes a victim’s manner of dress or hairstyle as evidence of the victim’s consent to sex acts inadmissible.
Exemption to irrelevant evidence. During a trial for certain sex offenses—including the class 4 felony of internet luring of a child; sexual assault offenses; human trafficking for sexual servitude; incest; sexual exploitation of a child; and child prostitution—there are certain exemptions to irrelevant evidence. The bill requires that motions articulate facts that would support a judicial finding that the evidence overcomes the presumption of irrelevance and outweighs the presumptive unfair prejudice, confusion of issues, misleading of the jury, or unfair invasion of the privacy of the victim or witness. When evidence concerns a witness who has at least one incident of false reporting of unlawful sexual behavior, motions must, by the preponderance of the evidence, demonstrate that the victim or witness made a report of unlawful sexual behavior that was demonstrably false or false in fact prior to or subsequent to the alleged offense.