This story was produced as part of the Colorado Capitol News Alliance. It first appeared at coloradosun.com.
By Jesse Paul, The Colorado Sun
Legislation that would further limit when a sexual assault victim’s sexual history could be discussed in Colorado courtrooms is headed to the governor’s desk to be signed into law.
House Bill 1138 is set to eliminate an exemption allowing courtroom discussion of a sexual assault victim’s previous sexual activity when the defendant had been a partner. State law already prohibits other discussion of a sexual assault victim’s previous sexual activity in court.
The only asterisk would be when previous sexual contact between a victim and defendant is used to explain that the former partner is not the source or origin of semen or any other similar evidence of sexual activity that resulted from a sexual assault. And that evidence could only be discussed in court after it is reviewed in private by a judge.
House Bill 1138 would also make a sexual assault victim’s hairstyle, manner of speech, lifestyle and clothing inadmissible in court as evidence of consent, credibility or harm.
The Senate unanimously passed the bipartisan measure Friday. It passed the House in February on a 40-2 vote.
Polis is expected to sign the legislation.
Its lead sponsors are Sen. Lindsey Daugherty, D-Arvada; Sen. Barbara Kirkmeyer, R-Brighton; Rep. Meghan Lukens, D-Steamboat Springs; and House Minority Leader Rose Pugliese, R-Colorado Springs.
“This legislation ensures that survivors of sexual violence are treated with dignity and fairness in civil court,” Daugherty said in a written statement. “Survivors who bravely come forward deserve to know that irrelevant details — like their clothing, hair style, or past sexual history — will not be used against them.”
The legislation would take effect in July if it’s signed, though it would only apply to sexual assaults that happen after it goes into effect.
This story was produced by the Capitol News Alliance, a collaboration between KUNC News, Colorado Public Radio, Rocky Mountain PBS, and The Colorado Sun, and shared with Rocky Mountain Community Radio and other news organizations across the state. Funding for the Alliance is provided in part by the Corporation for Public Broadcasting.
