Bill Sponsor
California Senate Bill 1386
Session 20232024
Evidence: sexual assault.
Became Law
Became Law
Became Law on Sep 29, 2024
First Action
Feb 16, 2024
Latest Action
Sep 29, 2024
Origin Chamber
Senate
Type
Bill
Bill Number
1386
State
California
Session
20232024
Sponsorship by Party
Summary
Under existing law, in any civil action that contains allegations of sexual harassment, sexual assault, or sexual battery, opinion evidence, reputation evidence, and evidence of specific instances of a plaintiff's sexual conduct with someone other than the alleged perpetrator, is not admissible by the defendant in order to prove consent by the plaintiff or the absence of injury to the plaintiff. This bill would also make the specified types of evidence inadmissible in such civil actions when being used to attack the credibility of the plaintiff's testimony on consent or absence of injury. Under existing law, in any sexual battery civil action involving a minor and an adult who is in a position of authority, as specified, evidence of the plaintiff minor's sexual conduct with the defendant adult is not admissible to prove consent by the plaintiff or the absence of injury to the plaintiff. Existing law authorizes evidence of the minor plaintiff's sexual conduct to be introduced only to attack the credibility of the plaintiff or to prove something other than consent by the plaintiff if, upon a hearing of the court out of the presence of the jury, the defendant proves that the probative value of that evidence outweighs the prejudice to the plaintiff, as specified. This bill would remove the requirement, in cases involving a minor and an adult who is in a position of authority, that prior to the introduction of specified types of evidence, a court hold a hearing out of the presence of the jury, where the defendant bears the burden to prove that the probative value of the evidence outweighs the prejudice. The introduction of evidence relating to the sexual conduct of the minor in such cases would be evaluated under procedures already in place under existing law.
Documents (8)
Sources
Record Created
Feb 17, 2024 12:18:52 PM
Record Updated
Oct 10, 2024 12:34:49 PM