CA SB1386

Prohibits defendants in civil actions involving sexual harassment, sexual assault, or sexual battery from using opinion evidence, reputation evidence, or evidence of plaintiff's sexual conduct with others to prove consent, absence of injury, or to attack credibility on these issues.

Allows evidence of plaintiff's sexual conduct with the alleged perpetrator as an exception to the general prohibition.

In cases involving a minor and an adult in a position of authority under Civil Code sections 1708.5 and 1708.5.5, evidence of the minor plaintiff's sexual conduct with the defendant adult cannot be used to prove consent or absence of injury.

Permits defendants to cross-examine witnesses and offer rebuttal evidence limited to contradicting evidence introduced by the plaintiff regarding the plaintiff's sexual conduct.

Became effective September 29, 2024.