HB 18-1243 Summary

• Establishes a civil rape shield law presuming evidence of a victim's prior or subsequent sexual conduct, sexual reputation, and sexual conduct opinion evidence irrelevant and inadmissible in civil sexual misconduct proceedings.

• Permits two exceptions: evidence of the victim's prior or subsequent sexual conduct with the defendant, and evidence of specific sexual activity showing the source or origin of semen, pregnancy, disease, or similar evidence of sexual intercourse.

• Requires parties seeking to introduce such evidence to file a written motion at least 63 days before trial with an affidavit stating the offer of proof, and notify the alleged victim or victim's representative.

• Mandates an in camera hearing where the court must find the evidence relevant to a material issue before admitting it, with all related motions, documents, and transcripts sealed unless the evidence is ruled admissible and the case proceeds to trial.

• Authorizes courts to issue protective orders under Colorado Rules of Civil Procedure to restrict disclosure of information relating to the victim, enforceable by contempt of court sanctions.