Bill > S01640

This bill amends the New York criminal procedure law to expand the admissibility of a complainant's outcry and disclosures in sexual abuse cases. Specifically, the bill allows prosecutors to introduce evidence of sexual abuse disclosures made at any time, from both the complainant and other witnesses who heard about the disclosure. The evidence can include details of the complaint, the complainant's demeanor during disclosure, witness testimony, and contextual circumstances. While the specific details of the complaint cannot be admitted as direct truth, they can be used to provide context, demonstrate the complainant's state of mind, explain delays in reporting, and help the jury assess the complainant's credibility. The court must carefully balance the relevance of such evidence against potential prejudicial effects, and must provide jury instructions about how such testimony can be considered. The bill covers sexual abuse offenses defined in several sections of the penal law and ensures that defendants can still introduce evidence about a complainant's reporting timeline. This legislation aims to provide more flexibility in presenting evidence in sexual abuse cases and acknowledge the complex nature of sexual abuse disclosure.

Housing and Urban Affairs

https://www.nysenate.gov/legislation/bills/2025/S1640