First Regular Session
Seventy-fifth General Assembly
STATE OF COLORADO
INTRODUCED
LLS NO. 25-0378.02 Jacob Baus x2173
HOUSE BILL 25-1138
House Committees Senate Committees
Judiciary
A BILL FOR AN ACT
C
ONCERNING EVIDENTIARY REQUIREM ENTS TO PROTECT VICTIMS OF101
SEXUAL MISCONDUCT IN CIVIL SUITS .102
Bill Summary
(Note: This summary applies to this bill as introduced and does
not reflect any amendments that may be subsequently adopted. If this bill
passes third reading in the house of introduction, a bill summary that
applies to the reengrossed version of this bill will be available at
http://leg.colorado.gov
.)
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 bill eliminates
this exception.
The bill prohibits the admission of evidence of the victim's manner
HOUSE SPONSORSHIP
Lukens and Pugliese, Bird
SENATE SPONSORSHIP
Kirkmeyer and Daugherty, Frizell
Shading denotes HOUSE amendment. Double underlining denotes SENATE amendment.
Capital letters or bold & italic numbers indicate new material to be added to existing law.
Dashes through the words or numbers indicate deletions from existing law. of dress, hairstyle, speech, or lifestyle as evidence of the victim's consent,
credibility, or the existence or extent of damages or harm.
The bill requires that the party moving to admit evidence presumed
irrelevant must 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.
Be it enacted by the General Assembly of the State of Colorado:1
SECTION 1. In Colorado Revised Statutes, 13-25-138, amend2
(1), (2) introductory portion, (3)(a), and (3)(b); and add (1.5) and (3)(a.5)3
as follows:4
13-25-138. Victim's prior sexual conduct history - evidentiary5
hearing - victim's identity - protective order. (1) Evidence of specific6
instances of the victim's prior or subsequent sexual conduct, opinion7
evidence of the victim's sexual conduct, and reputation evidence of the8
victim's sexual conduct is presumed irrelevant and is not admissible in a9
civil proceeding involving alleged sexual misconduct except
FOR10
EVIDENCE OF SPECIFIC INSTANCES OF SEXUAL ACTIVITY SHOWING THE11
SOURCE OR ORIGIN OF SEMEN , PREGNANCY, DISEASE, OR ANY SIMILAR12
EVIDENCE OF SEXUAL INTERCOURSE OFFERED FOR THE PURPOSE OF13
SHOWING THAT THE ALLEGED ACT WAS NOT COMMITTED BY THE14
DEFENDANT.15
(a) Evidence of the victim's prior or subsequent sexual conduct
16
with the defendant;17
(b) Evidence of specific instances of sexual activity showing the18
source or origin of semen, pregnancy, disease, or any similar evidence of19
HB25-1138-2- sexual intercourse offered for the purpose of showing that the act or acts1
alleged were or were not committed by the defendant.2
(1.5) E
VIDENCE OF THE VICTIM'S MANNER OF DRESS, HAIRSTYLE,3
SPEECH, OR LIFESTYLE AT THE TIME OF, PRIOR TO, OR SUBSEQUENT TO THE4
ALLEGED OFFENSE IS NOT ADMISSIBLE AS EVIDENCE OF THE VICTIM 'S5
CONSENT, CREDIBILITY, OR THE EXISTENCE OR EXTENT OF DAMAGES OR6
HARM.7
(2) If a party intends to offer evidence under subsection (1)(a) or
8
(1)(b) PURSUANT TO SUBSECTION (1) OR (1.5) of this section, OR9
INTRODUCE A WITNESS FROM WHOM THE EVIDENCE IS INTENDED TO BE10
ELICITED, the party shall:11
(3) (a) (I) Before admitting evidence under this section, the court12
shall conduct an in camera hearing and provide the alleged victim and13
parties a right to attend and be heard. Unless the court orders otherwise,14
the motion, related materials, and the hearing record are confidential. A15
party making a motion under this section shall state in the caption that the16
motion is confidential. BEFORE ADMITTING EVIDENCE PURSUANT TO THIS17
SECTION, THE PARTY MAKING A MOTION TO ADMIT THE EVIDENCE SHALL18
RAISE THE ISSUE AT A CONFERENCE PURSUANT TO RULE 16 OF THE19
C
OLORADO RULES OF CIVIL PROCEDURE . AT THE CONFERENCE, THE20
MOVING PARTY MUST MAKE A PRIMA FACIE SHOWING THAT THE EVIDENCE21
IS RELEVANT FOR AN ADMISSIBLE REASON AND THAT DISCOVERY IS LIKELY22
TO REBUT THE PRESUMPTION AGAINST INADMISSIBILITY . THE COURT SHALL23
PROVIDE THE OBJECTING PARTY, IF ANY, THE OPPORTUNITY BE HEARD.24
(II)
THE COURT MAY PERMIT DISCOVERY ONLY IF THE MOVING25
PARTY MAKES A PRIMA FACIE SHOWING THAT THE EVIDENCE IS RELEVANT26
FOR AN ADMISSIBLE REASON AND THAT DISCOVERY IS LIKELY TO REBUT27
HB25-1138
-3- THE PRESUMPTION AGAINST INADMISSIBILITY . IF THE COURT PERMITS1
DISCOVERY, THE COURT SHALL ISSUE A COMPREHENSIVE PROTECTIVE2
ORDER THAT LIMITS THE SCOPE OF DISCOVERY TO RELEVANT ISSUES AND3
PROTECTS AGAINST UNWARRANTED , IRRELEVANT, OR OVERLY BROAD4
DISCOVERY INTO THE ALLEGED VICTIM 'S SEXUAL CONDUCT OR HISTORY .5
(III) T
HE COURT MUST ISSUE AN ORDER PROHIBITING DISCOVERY6
INTO EVIDENCE PRESUMED INADMISSIBLE PURSUANT TO THIS SECTION IF7
NEITHER PARTY RAISES THE ISSUE AT A CONFERENCE PURSUANT TO RULE8
16
OF THE COLORADO RULES OF CIVIL PROCEDURE OR IF THE MOVING9
PARTY FAILS TO MAKE A PRIMA FACIE SHOWING THAT THE EVIDENCE IS10
RELEVANT FOR AN ADMISSIBLE REASON AND THAT DISCOVERY IS LIKELY11
TO REBUT THE PRESUMPTION AGAINST INADMISSIBILITY .12
(a.5) B
EFORE ADMITTING EVIDENCE PURSUANT TO THIS SECTION ,13
THE COURT SHALL CONDUCT AN IN CAMERA HEARING AND PROVIDE THE14
ALLEGED VICTIM THE RIGHT TO ATTEND AND BE HEARD . THE MOTION,15
RELATED MATERIALS, AND THE HEARING RECORD ARE CONFIDENTIAL . A16
PARTY MAKING A MOTION PURSUANT TO THIS SECTION SHALL STATE IN THE17
CAPTION THAT THE MOTION IS CONFIDENTIAL. AFTER THE CONCLUSION OF18
THE IN CAMERA HEARING, IF A PARTY MAKES A MOTION TO MAKE THE19
RELATED MATERIALS OR HEARING RECORD PUBLIC , THE PARTY'S MOTION20
MUST NOT DISCLOSE ANY CONFIDENTIAL INFORMATION .21
(b) At the conclusion of the hearing, if the court finds that the22
evidence proposed to be offered regarding the sexual conduct of the23
victim is relevant to a material issue to the case
AND THAT ITS PROBATIVE24
VALUE SUBSTANTIALLY OUTWEIGHS THE PROBABILITY THAT ITS25
ADMISSION WILL CREATE AN UNFAIR PREJUDICE OR INVASION OF PRIVACY ,26
the court shall order that evidence may be introduced and prescribe the27
HB25-1138
-4- nature of the evidence or questions to be permitted. The moving party1
may then offer evidence pursuant to the order of the court.2
SECTION 2. Effective date - applicability. This act takes effect3
July 1, 2025, and applies to proceedings occurring on or after said date.4
SECTION 3. Safety clause. The general assembly finds,5
determines, and declares that this act is necessary for the immediate6
preservation of the public peace, health, or safety or for appropriations for7
the support and maintenance of the departments of the state and state8
institutions.9
HB25-1138
-5-