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Colorado's Rape Shield Law

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.


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