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February 4, 2025

Bipartisan Lukens Bill to Strengthen Civil Rape Shield Law Passes Committee

DENVER, CO - The House Judiciary Committee today passed bipartisan legislation sponsored by Representative Meghan Lukens that would strengthen protections for survivors of sexual misconduct by expanding the Civil Rape Shield Law. HB25-1138 unanimously passed by a vote of 13-0.


“Far too often, victims have been unfairly blamed for an assault based on what they wear or how they live their lives, making Coloradans vulnerable to sensitive and irrelevant details being used against them,” said Rep. Meghan Lukens, D-Steamboat Springs. “The unfortunate reality is that survivors of sexual misconduct have been hesitant to pursue legal action because irrelevant details about their past sexual history, lifestyle, and clothing could be used against them. In Colorado, we stand by victims of sexual assault. Our bipartisan legislation would prevent the use of  unrelated details in a civil case, protecting survivors so they can hold their stalker, harasser, or assaulter accountable.”


HB25-1138, also sponsored by Minority Leader Rose Pugliese, R-Colorado Springs, would protect victims of sexual assault in civil court by making hairstyle, manner of speech, lifestyle, and clothing related to an alleged sexual offense inadmissible as evidence of consent, credibility, or harm. With few exceptions, the past sexual history of a victim cannot be discussed, and a judge must first review any such evidence in private.


Currently, Colorado law says sexual activity is irrelevant and inadmissible in a civil proceeding unless that sexual activity was between a victim and a defendant. This bill would eliminate that exception. 


Colorado Democrats passed a 2024 law that expanded the Criminal Rape Shield Law to prohibit the admission of evidence of a victim’s clothing or the victim’s past sexual history with a defendant to prove consent.


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