In a civil sexual assault case, the Colorado rape shield law limits what a defendant can ask about your sexual history. The law presumes that evidence of your sexual conduct before or after the assault is irrelevant, and the defense can get past that presumption only in narrow situations.
For years, survivors faced aggressive questioning about their past in both civil and criminal trials, and it kept many from pursuing justice. Colorado, like many other states, changed that. Here is how the civil shield law works.
Colorado Rape Shield Law and Sexual History Evidence
At trial, the judge decides what evidence comes in. To be admissible, evidence must relate directly to a key issue in dispute.
Shield laws create an official legal presumption that certain evidence is not relevant. Colorado has one shield law for criminal cases and a separate one for civil cases. Both presume that evidence of a survivor’s sexual conduct before or after the attack is irrelevant. That presumption means judges won’t let defense attorneys question survivors about it.
What the Shield Law Means for Your Civil Case
Colorado’s civil shield law presumes your sexual history is irrelevant, which keeps defense attorneys from questioning you about it on the stand. They can’t use your past to argue that you consented to the attack.
The law also blocks defendants from offering expert opinions or reputation evidence about your sexual conduct.
Because the law creates a presumption, a defendant can sometimes overcome it. The statute lists two situations where a court may allow the evidence:
- Evidence of your prior or subsequent sexual conduct with the person you are suing.
- Specific sexual activity showing the defendant was not the source of physical evidence, such as semen, pregnancy or disease.
How the Civil Rape Shield Law Applies During Discovery
During discovery, both sides exchange evidence related to the claims in the case. The Colorado rape shield law applies here too, and a defendant can try to overcome the same presumption.
To do that, the defendant must file a motion asking the court to allow discovery on those topics. At a special hearing, the defendant must prove the request fits within the shield law’s strict exceptions.
You may have other privacy protections, too. Read Can You File a Sexual Assault Lawsuit Anonymously in Colorado? to learn how survivors can protect their identity in a civil case. For how the two court systems differ, see Civil vs. Criminal Sexual Assault Cases in Colorado.
Talking to a Lawyer About Your Civil Case
We regularly help survivors of sexual assault recover compensation from those responsible for what they’ve been through, from filing through final resolution. If you are weighing your options, read How to Choose a Civil Sexual Assault Lawyer.
Deciding to sue your attacker and anyone else responsible is a personal and difficult choice. We will never push you into it. We’ll give you the information you need to decide in your own time, and if you file, we’ll keep you informed and prepared at every step.
Call Greer Law at 303-331-6460 or contact us online to schedule a free case evaluation. Tell us what happened, and we’ll explain your options.
