CO HB1138

Amends Colorado law to strengthen protections for victims in civil sexual misconduct cases by presuming evidence of the victim's prior or subsequent sexual conduct, opinion evidence, and reputation evidence as irrelevant and inadmissible, with a narrow exception for evidence showing the source of semen to prove the defendant did not commit the alleged act.

Prohibits admission of evidence regarding the victim's manner of dress, hairstyle, speech, or lifestyle as evidence of consent, credibility, or damages.

Requires parties seeking to introduce sexual conduct evidence to raise the issue at a Rule 16 or 16.1 conference and make a prima facie showing that the evidence is relevant and likely to rebut the presumption against admissibility before discovery is permitted.

Mandates courts issue comprehensive protective orders limiting discovery scope if permitted, and requires an in camera hearing with confidential records before admitting such evidence, giving victims the right to attend and be heard.

Takes effect July 1, 2025, and applies to proceedings occurring on or after that date.