Bill seeks to expand rape shield law, give judges discretion on trial evidence
DENVER (KDVR) — A new measure was introduced to the Colorado House Judiciary Committee on Tuesday that would expand Colorado’s criminal rape shield law to prevent evidence of how a victim was dressed from being shown during a trial.
In a moving demonstration and announcement on Monday inside the statehouse, representatives and bill sponsors stood amongst displays of the clothing rape victims had been wearing at the time of the crime. The outfits ranged from a child’s long-sleeve top and skirt to a U.S. Army physical training uniform.
“Too often, evidence of what the victim was wearing, what her hairstyle was, whether the victim had a prior relationship with the accused,” said Rep. Shannon Bird, a Democrat representing mainly Westminster and a primary bill sponsor. “These are all made to make the argument that the victim consented to sexual activity and therefore there was no sexual assault.”
The bill changes what must be shown to the court and an opposing litigation party, and changes what a court must find to introduce evidence that is presumed to be irrelevant under the criminal rape shield law. However, a judge could allow the evidence if they believe that it’s relevant.
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According to legislators, under the current criminal rape shield law, certain evidence of a victim or witness’ sexual conduct is “presumed irrelevant,” however there is an exception for evidence of their sexual conduct with the defendant.
The bill would remove that exception.
“We should be free to wear what we want, style our hair as we want and not fear that we will be sending a message that we consent to sex,” Bird said. “We never lose the right to determine what happens to our bodies and who has access. Our bodies are our own and are not for another to take. I look forward to passing this legislation and making sure that victims of rape know that they can seek justice through a fair process.”
The criminal rape shield law also includes an exception that allows the court to see evidence of specific instances of sexual activity showing the origin of semen, pregnancy, disease or any similar evidence of sexual intercourse offered to show who committed the purported acts.
If passed, the Protection of Victims of Sexual Offenses bill would ban evidence of a victim’s outfit or hairstyle as evidence of the victim’s consent and ban evidence of a victim’s behavioral or mental health offered by a psychotherapist defendant who is accused of unlawful sexual behavior, unless the court finds that the evidence is relevant to a material issue to the case.
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