Bill > A08691

This bill amends the criminal procedure law to expand the admissibility of a complainant's disclosures in sexual abuse cases, allowing evidence of when, how, and to whom the abuse was first reported to be introduced during trial. Specifically, the bill permits prosecutors to present testimony from the complainant or other witnesses about sexual abuse disclosures, including details about the complaint, the complainant's demeanor when making the disclosure, and surrounding circumstances. The evidence cannot be used directly as proof of the abuse itself, but instead 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 unfair prejudice to the defendant, and must provide jury instructions about how such testimony can be considered. The bill covers a wide range of sexual offenses defined in the penal law and ensures that a complainant's failure to immediately report the crime cannot be automatically interpreted negatively. This legislation aims to provide more flexibility in presenting evidence in sexual abuse cases, recognizing that victims may disclose abuse at different times and in different ways.

Housing and Urban Affairs

https://www.nysenate.gov/legislation/bills/2025/A8691