Signed by Governor Jared Polis

Vote Smart's Synopsis:

Vote to concur with Senate amendments and pass a bill that increases evidentiary requirements in criminal proceedings involving sexual assault victims with the intent to provide victims more rights in Colorado.

Highlights:

• Establishes that at trial evidence is presumed to be irrelevant except evidence of specific instances of sexual activity showing the source or origin of semen, pregnancy, disease, or any similar evidence of sexual intercourse offered for the purpose of showing that the act or acts charged were or were not committed by the defendant (Sec. 2). 

• Establishes at least one incident of false reporting of unlawful sexual behavior prior to or subsequent to the alleged offense is to be offered at trial (Sec. 2.2). 

• Requires a written motion be made articulating the facts that would support a judicial finding that the evidence overcomes the presumption of irrelevance and that the probative value of evidence of specific instances of the victims or witnesses prior or subsequent sexual conduct, opinion evidence of the victims or witnesses sexual conduct, reputation evidence of the victims or witnesses sexual conduct, or evidence that the victim or witness has at least one incident of false reporting of unlawful sexual behavior prior to or subsequent to the alleged offense that is not outweighed by the presumptive unfair prejudice, confusion of the issues, misleading the jury, or unfair invasion of the privacy of the victim or witness (Sec. 2AI).

• Specifies if the moving party intends to offer evidence concerning at least one incident of false reporting of unlawful sexual behavior prior to or subsequent to the alleged offense pursuant to subsection above (Sec. 2AI).

• Requires the party articulates facts that would demonstrate that the victim or witness has made a report of unlawful sexual behavior that was demonstrated false prior to the subsequent alleged offense (Sec. 2AI).

• Specifies that if at the end of the hearing the court finds evidence that overcomes the presumption of irrelevance is relevant to a material issue to the case, and that the probative value of evidence is not outweighed by the probability that its admission will create unfair prejudice, confusion of the issues, misleading of the jury, or unfair invasion of the privacy of the victim or witness (Sec. 2E). 

• Establishes that the victim's manner of dress or hairstyle at the time or prior to the alleged offense is not admissible as evidence of the victim's consent to sexual contact, penetration, or intrusion in a case involving unlawful sexual behavior (Sec. 2.4). 

• Establishes that “manner of dress” does not include testimony or physical evidence of the victims clothing or its physical condition at the time of or prior to the alleged offense offered as evidence for a purpose other than the victims consent, or evidence of the voluntary removal of the victims clothing (Sec. 2.4). 

Full Bill Text