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Bill > S02695


NY S02695

NY S02695
Prohibits the admissibility of evidence of a victim's sexual conduct, sexual predisposition, or manner of dress in civil actions or proceedings; provides limited exceptions.


summary

Introduced
01/22/2025
In Committee
01/22/2025
Crossed Over
Passed
Dead

Introduced Session

2025-2026 General Assembly

Bill Summary

AN ACT to amend the civil practice law and rules, in relation to admissibility of evidence of a victim's sexual conduct, sexual predisposition, or manner of dress

AI Summary

This bill prohibits the admissibility of evidence related to a victim's sexual conduct, sexual predisposition, or manner of dress in civil actions or proceedings, with carefully defined exceptions. Specifically, the bill creates a new section in the civil practice law that establishes a comprehensive framework for handling such evidence. Under this legislation, any evidence of a victim's previous sexual conduct or predisposition is presumed inadmissible and cannot be discovered or mentioned in front of a jury. If a defendant wants to introduce such evidence, they must first file a motion and the court will conduct a closed (in camera) hearing to determine its relevance. The court can only allow the evidence if it finds that its probative value substantially outweighs potential harm, shame, or embarrassment to the victim. The bill defines "sexual conduct" broadly, including sexual activities, sexual contact, contraceptive use, and lifestyle. Additionally, evidence about a victim's clothing at the time of an incident is generally inadmissible, with very limited exceptions for relevance in the interests of justice. The bill aims to protect victims from invasive and potentially prejudicial questioning about their sexual history or appearance, while still maintaining a path for truly relevant evidence to be considered by the court.

Committee Categories

Justice

Sponsors (6)

Last Action

COMMITTED TO RULES (on 06/13/2025)

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