ive order. (1) 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 is presumed irrelevant and is not admissible in a civil proceeding involving alleged sexual misconduct except for evidence of specific instances of sexual activity showing the source or origin of semen or any similar evidence of sexual intercourse offered for the purpose of showing that the alleged act was not committed by the defendant.

1. (1.5) Evidence of the victim's manner of dress, hairstyle, mode or manner of speech, or lifestyle at the time of, prior to, or subsequent to the alleged offense is not admissible as evidence of the victim's consent, credibility, or the existence or extent of damages or harm.

2. (2) If a party intends to offer evidence pursuant to subsection (1) or (1.5) of this section, or introduce a witness from whom the evidence is intended to be elicited, the party shall:

   1. (a) File a written motion at least sixty-three days prior to trial, unless later for good cause shown, to the court and to the opposing parties stating that the moving party has an offer of proof of the relevancy and materiality of evidence of specific instances of the victim's prior or subsequent sexual conduct, or opinion evidence of the victim's sexual conduct, or reputation evidence of the victim's sexual conduct that is proposed to be presented. The written motion must be accompanied by an affidavit in which the offer of proof is stated.
   2. (b) Notify the alleged victim or alleged victim's representative.

3. (3)

   1. (a)

      1. (I) Before admitting evidence pursuant to this section, the party making a motion to admit the evidence shall raise the issue at a conference pursuant to rule 16 or 16.1 of the Colorado rules of civil procedure. At the conference, the moving party must make a prima facie showing that the evidence is relevant for an admissible reason and that discovery is likely to rebut the presumption against inadmissibility. The court shall provide the objecting party, if any, the opportunity be heard.
      2. (II) The court may permit discovery only if the moving party makes a prima facie showing that the evidence is relevant for an admissible reason and that discovery is likely to rebut the presumption against inadmissibility. If the court permits discovery, the court shall issue a comprehensive protective order that limits the scope of discovery to relevant issues and protects against unwarranted, irrelevant, or overly broad discovery into the alleged victim's sexual conduct or history.
      3. (III) The court must issue an order prohibiting discovery into evidence presumed inadmissible pursuant to this section if neither party raises the issue at a conference pursuant to rule 16 or 16.1 of the Colorado rules of civil procedure or if the moving party fails to make a prima facie showing that the evidence is relevant for an admissible reason and that discovery is likely to rebut the presumption against inadmissibility.
      4. (a.5) Before admitting evidence pursuant to this section, the court shall conduct an in camera hearing and provide the alleged victim the right to attend and be heard. The motion, related materials, and the hearing record are confidential. A party making a motion pursuant to this section shall state in the caption that the motion is confidential. After the conclusion of the in camera hearing, if a party makes a motion to make the related materials or hearing record public, the party's motion must not disclose any confidential information.
   2. (b) At the conclusion of the hearing, if the court finds that the evidence proposed to be offered regarding the sexual conduct of the victim is relevant to a material issue to the case and that its probative value substantially outweighs the probability that its admission will create an unfair prejudice or invasion of privacy, the court shall order that evidence may be introduced and prescribe the nature of the evidence or questions to be permitted. The moving party may then offer evidence pursuant to the order of the court.
   3. (c) All motions and supporting documents filed pursuant to this section must be filed under seal and may be unsealed only if the court rules that the evidence is admissible and the case proceeds to trial. If the court determines that only part of the evidence contained in the motion is admissible, only that portion of the motion and supporting documents pertaining to the admissible portion may be unsealed.
   4. (d) The court shall seal all court transcripts, tape recordings, and records of proceedings, other than minute orders of a hearing held pursuant to this section. The court may unseal the transcripts, tape recordings, and records only if the court rules that the evidence is admissible and the case proceeds to trial. If the court determines that only part of the evidence is admissible, only the portion of the hearing pertaining to the admissible evidence may be unsealed.
4. (4) In a civil proceeding, at any time upon motion of the plaintiff or on the court's own motion, the court may issue a protective order pursuant to the Colorado rules of civil procedure concerning disclosure of information relating to the victim. The court may punish a violation of a protective order by contempt of court.

Source: L. 2018: Entire section added, (HB 18-1243), ch. 160, p. 1121, § 1, effective April 25. L. 2025: (1), IP(2), (3)(a), and (3)(b) amended and (1.5) and (3)(a.5) added, (HB 25-1138), ch. 9, p. 21, § 1, effective July 1.

Editor's note: Section 2 of chapter 9 (HB 25-1138), Session Laws of Colorado 2025, provides that the act changing this section applies to proceedings occurring on or after July 1, 2025.