HB 24-1072 Summary

• Strengthens Colorado's "rape shield statute" by establishing that evidence of a victim's or witness's prior sexual conduct, opinions about their sexual conduct, and reputation evidence are presumed irrelevant in sexual assault trials, with limited exceptions for evidence showing the source of semen, pregnancy, disease, or similar physical evidence of intercourse.

• Requires prosecutors seeking to introduce evidence of a victim's or witness's prior sexual conduct or history of false reporting to file a written motion at least 35 days before trial, articulating specific facts demonstrating the evidence overcomes the presumption of irrelevance and that its probative value is not substantially outweighed by unfair prejudice or invasion of privacy.

• Restricts evidence of false reporting claims to cases where the moving party demonstrates by a preponderance of the evidence that the victim or witness made a report of sexual assault that was demonstrably false or false in fact prior to or subsequent to the alleged offense.

• Prohibits evidence of a victim's manner of dress or hairstyle at the time of, prior to, or subsequent to the alleged offense from being admitted as evidence of consent to sexual contact, with exceptions for testimony about clothing's physical condition offered for purposes other than consent or evidence of voluntary clothing removal.

• Takes effect July 1, 2024, and applies to all criminal proceedings occurring on or after that date.