C.R.S. Section 13-25-131
Civil actions

  • sexual assault
  • certain evidence presumed irrelevant

(1)

In any civil action for damages by an alleged victim which alleges damages resulting from a sexual assault on a client by any person who enters into a professional-client relationship that permits professional physical access to the client’s person or the opportunity to affect or influence the thought processes or emotions of such client, including, but not limited to, actions for professional malpractice or assault and battery, evidence of specific instances of the victim’s prior or subsequent sexual conduct, opinion evidence of the victim’s sexual conduct, and reputation evidence of the victim’s sexual conduct shall be presumed to be irrelevant, except as provided in subsections (2) and (4) of this section. The persons to whom this subsection (1) applies in a civil action against such persons shall include any psychotherapist as defined in section 18-3-405.5, C.R.S., any medical professional, any member of the clergy, or any person acting under the color of a religious organization. This subsection (1) shall also apply in a civil action against a parent or other person in a position of trust, power, or authority over any child or other person, in a civil action by or on behalf of such child or such other person.

(2)

Subsection (1) of this section notwithstanding, in any of the civil actions described in such subsection (1), evidence of the following shall be presumed to be relevant:

(a)

Evidence of the victim’s prior or subsequent sexual conduct with the defendant in such civil action;

(b)

Evidence of specific instances of sexual activity showing the source or origin of semen, pregnancy, disease, or any similar evidence of sexual intercourse, including, but not limited to, genetic testing pursuant to section 13-25-126, offered for the purpose of showing that the act or acts alleged were or were not committed by the defendant in such civil action.

(3)

In any civil action described in subsection (1) of this section, evidence of specific instances of the alleged victim’s prior or subsequent sexual conduct is not subject to discovery.

(4)

Notwithstanding subsections (1) and (3) of this section, evidence of specific instances of the alleged victim’s prior or subsequent sexual conduct may be determined to be subject to discovery or offered as evidence, if the defendant or plaintiff requests a hearing prior to conducting discovery or attempting to admit such evidence and makes an offer of proof of the relevancy of such evidence and the court finds that the evidence is relevant and the probative value of such evidence outweighs its prejudicial effect. Such hearing shall be held no later than thirty days prior to trial. In making an order that such evidence is relevant, the court shall detail the information or conduct that is subject to discovery or which may be admitted into evidence.

Source: Section 13-25-131 — Civil actions - sexual assault - certain evidence presumed irrelevant, https://leg.­colorado.­gov/sites/default/files/images/olls/crs2023-title-13.­pdf (accessed Oct. 20, 2023).

13‑25‑101
Printed statutes - reports of decisions 13‑25‑102
United States census bureau mortality table as evidence 13‑25‑104
Proof of handwriting 13‑25‑105
Certificate of register - patent 13‑25‑106
Judicial notice of laws of other jurisdictions 13‑25‑107
Proceedings of cities and towns 13‑25‑108
Evidence of assessment 13‑25‑109
Recording of patents to land 13‑25‑110
Patent - copy of record 13‑25‑111
Patents already recorded 13‑25‑112
Fees of recorder 13‑25‑113
Lost deed - bond - note - affidavit 13‑25‑114
Certificate of publisher 13‑25‑115
Certificate of head officer 13‑25‑116
Water officials’ records 13‑25‑117
Parties plaintiff 13‑25‑118
Joint defendants 13‑25‑119
Dying declarations 13‑25‑120
Corporate resolutions and minutes 13‑25‑121
Reports of death 13‑25‑122
Person missing, interned, or captured 13‑25‑123
Report deemed pursuant to law 13‑25‑124
Libel and slander - how pleaded 13‑25‑125
Justification - pleaded and proved 13‑25‑125.5
Libel and slander - self-publication 13‑25‑126
Genetic tests to determine parentage 13‑25‑126.5
Documents arising from environmental self-evaluation - admissibility in evidence 13‑25‑127
Civil actions - degree of proof required 13‑25‑128
Rules of evidence - grant of authority subject to reservation 13‑25‑129
Statements of a child - hearsay exception 13‑25‑129.5
Statements of persons with intellectual and developmental disabilities - hearsay exception 13‑25‑130
Criminal actions - use of photographs, video tapes, or films of property 13‑25‑131
Civil actions - sexual assault - certain evidence presumed irrelevant 13‑25‑132
Criminal actions - video tape depositions - use at trial 13‑25‑133
Telecommunications devices for the deaf and teletype - inadmissibility in evidence - exception 13‑25‑134
Electronic records and signatures - admissibility in evidence - originals 13‑25‑135
Evidence of admissions - civil proceedings - unanticipated outcomes - medical care 13‑25‑136
Criminal actions - prenatal drug and alcohol screening - admissibility of evidence 13‑25‑137
Admissibility of commercial packaging 13‑25‑138
Victim’s and witness’s prior sexual conduct history - evidentiary hearing - victim’s identity - protective order 13‑25‑139
Criminal action - interference with witness - forfeiture by wrongdoing
Green check means up to date. Up to date

Current through Fall 2024

§ 13-25-131’s source at colorado​.gov