Bipartisan Legislation to Protect Survivors of Sexual Misconduct Passes Committee Unanimously

Bipartisan Legislation to Protect Survivors of Sexual Misconduct Passes Committee Unanimously

DENVER, CO – Today, the Senate Judiciary Committee unanimously passed bipartisan legislation sponsored by Senator Lindsey Daugherty, D-Arvada, that would strengthen protections for survivors of sexual misconduct.

Cosponsored by Senator Barbara Kirkmeyer, R-Weld County, HB25-1138 would protect victims of sexual misconduct in civil court by expanding the Civil Rape Shield Law. 

“This legislation ensures that survivors of sexual violence are treated with dignity and fairness in civil court,” said Daugherty. “Survivors who bravely come forward deserve to know that irrelevant details – like their clothing, hair style, or past sexual history – will not be used against them. By preventing the use of these unrelated details in civil cases, we can protect survivors and hold perpetrators accountable.”

The bill would make a victim’s 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 could not 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 in criminal court.

HB25-1138 now moves to the Senate floor for further consideration. Track its progress HERE.