Colorado's rape shield law, passed in the mid-1970s, generally
protects an alleged victim of sexual assault from the humiliation
of having his or her sexual history brought up during a
prosecution. It is considered to be relatively strict among similar laws in
place in each state and in federal court rules: Evidence of
specific instances or opinions of an alleged victim's or witness'
sexual conduct is presumed to be irrelevant in a rape prosecution. Exceptions include evidence of prior or subsequent sexual
conduct with the defendant, or evidence of specific instances of
sexual activity showing the source or origin of semen, pregnancy,
disease or other similar evidence of sexual intercourse offered to
show that the defendant did not commit the act in question.
In the Kobe Bryant case, for example, defense attorneys have
suggested injuries to his accuser were the result of sex with
someone else. Defense attorneys who want to offer evidence not covered by one
of the exceptions can ask the judge to consider the evidence in
private to determine whether it is relevant and can be presented to
a jury.
