Law limits when sexual history evidence can reach a jury

The law bars reputation and opinion evidence about a victim’s chastity, and limits when a judge may admit evidence of specific past sexual conduct. These rules apply to prosecutions under the listed sexual offense laws: offenses in the relevant chapter, section 13-3212, or chapter 35.1. A judge may admit evidence of specific past sexual conduct only if it is relevant and important to a disputed fact, its value is not outweighed by unfair harm, and it fits one of the listed reasons. Those reasons include conduct with the defendant, evidence about the source of semen, pregnancy, disease, or physical injury, a claimed motive to accuse, a response to evidence raised by the prosecutor, or false allegations against others. The evidence must meet a clear-and-convincing standard, meaning the judge must find it highly likely to be admissible. Before trial, this evidence cannot be mentioned to a jury or introduced without a court order after a hearing on written motions. If new information comes up during trial, the court may hold a hearing.