HB 24-1072

House Bill 24-1072, titled "Protection of Victims of Sexual Offenses," aims to strengthen protections for victims in sexual assault cases. It does so by making it harder for defendants to introduce evidence about the victim's past sexual behavior or false reporting history, and by prohibiting any mention of a victim’s clothing or hairstyle as proof of consent. The bill also clarifies what evidence can be admitted in court regarding prior false reports of sexual misconduct. This legislation will take effect on July 1, 2024, after being signed into law by the governor. It primarily affects victims and defendants in sexual assault cases, enhancing privacy and reducing victim-blaming tactics during trials.

Official Summary

Under current law, certain evidence of a victim's or witness's prior or subsequent sexual conduct is presumed irrelevant, but there is an exception for evidence of the victim's or witness's prior or subsequent sexual conduct with the defendant. The act eliminates this exception. The act expands the criminal rape shield law to prohibit the admission of evidence of the victim's manner of dress or hairstyle as evidence of the victim's consent. The act amends what a moving party must show to the court and to opposing parties and what the court must find in order to introduce evidence that is presumed to be irrelevant under the criminal rape shield law. Under current law, a defendant may move to introduce evidence that the victim or a witness has a history of false reporting of sexual assaults, upon a sufficient showing to the court and opposing parties. The act allows the defendant to offer evidence concerning at least one incident of false reporting of unlawful sexual behavior and also articulate facts that would, by a preponderance of the evidence, demonstrate that the victim or witness has made a report that was demonstrably false or false in fact. APPROVED by Governor April 24, 2024 EFFECTIVE July 1, 2024(Note: This summary applies to this bill as enacted.)

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