Senate Bill S9894

                                 
BILL NUMBER: S9894

SPONSOR: KRUEGER
 
TITLE OF BILL:

An act to amend the civil practice law and rules, in relation to admis-
sibility of evidence of a victim's sexual conduct, sexual predisposi-
tion, or manner of dress

 
PURPOSE OR GENERAL IDEA OF BILL::

To extend the rape shield law to civil practice law.

 
SUMMARY OF SPECIFIC PROVISIONS::

Section 1. The civil practice law and rules is amended by adding a new
section 4552 to read as follows:

§ 4552. Admissibility of evidence of a victim's sexual conduct, sexual
predisposition, or manner of dress. The following evidence shall not be
discoverable or admissible in a civil action or proceeding:

              

(a) Evidence of the victim's or alleged victim's previous sexual conduct
or sexual predisposition shall not be discoverable or admitted, nor
reference made to it in the presence of a jury, except as provided in
this section. When a defendant seeks to discover or admit such evidence
for any purpose, the defendant shall apply for an order of the court.
After the motion is made, the court shall conduct a hearing in camera to
determine the discoverability or admissibility of such evidence. Upon
the hearing and determination of such a motion, there shall be a
presumption that any such reference to a victim's sexual conduct, sexual
predisposition or manner of dress, is both inadmissible as evidence and
not subject to disclosure. If the court finds that evidence offered by
the defendant regarding the sexual conduct, sexual predisposition, or
manner of dress of the victim or alleged victim is relevant and that its
probative value substantially outweighs the danger of harm, shame or
embarrassment to any victim or alleged victim; and the probative value
of the evidence offered is not outweighed by its collateral nature or by
the probability that its admission will create undue prejudice,
confusion of the issues, or unwarranted invasion of t he privacy of the
victim or alleged victim, or lead to harm, shame or embarrassment on the
part of the victim or alleged victim; the court shall enter an order
setting forth with specificity what evidence may be discovered or intro-
duced and the nature of the questions which shall be permitted, and the
reasons why the court finds that such evidence satisfies the standards
contained in this section. The defendant may then discover or offer
evidence under the order of the court.

(b) Unless the court orders otherwise, the motion, related materials,
and the record of the hearing under subdivision (a) of this section
shall be and remain sealed.

(c) Evidence of the victim's or alleged victim's previous sexual conduct
shall not be discoverable or considered relevant unless it is material
to proving that the source of semen, pregnancy or disease is a person
other than the defendant or the alleged perpetrator.

(d) Evidence of the manner in which the victim or alleged victim was
dressed at the time of the commission of a sexual offense or sexual
misconduct shall not be admitted, unless such evidence is determined by
the court to be relevant and admissible in the interests of justice.

(e) The court may admit evidence of a victim's or alleged victim's repu-
tation only if such victim or alleged victim has placed it in controver-
sy.

§ 2. This act shall take effect immediately.

 
JUSTIFICATION::

In 1975, New York State enacted its Rape Shield law to protect victims
of sexual offenses from character assaults unrelated to the criminal
charge during cross-examination. However, this protection does not
extend to civil courts. The very same safeguard afforded in criminal
proceedings should be extended to civil proceedings to prevent irrel-
evant and prejudicial attacks on a victim's character.

Under current law, victims in civil cases may be forced to disclose
intimate details of their sexual history that have no bearing on the
claims at issue, resulting in significant retraumatization and invasions
of privacy. Entering such intimate details into the public record may
deter victims from coming forward with sexual harassment claims, while
also enabling defendants to advance victim-blaming narratives that shift
focus away from the alleged misconduct.

This legislation addresses that gap while preserving due process by
allowing the defense to make a motion for a hearing, outside the pres-
ence of a jury, to determine the discoverability or admissibility of
such evidence when appropriate.

 
PRIOR LEGISLATIVE HISTORY::

S.994 of 2023-2024 (Hoylman-Sigal): Died in Rules

A.4441 of 2023-2024 (Steck): Died in Judiciary

 
FISCAL IMPLICATIONS::

None to state.

 
EFFECTIVE DATE::

This act shall take effect immediately.