HB 36: Rape Shield Law
2007 General Session

Sponsor: Rep. Keith Gingery (R-H23, Jackson); co-sponsors Reps. Owen Petersen (R-H19, Mountain View), Lorraine Quarberg (R-H28, Thermopolis) and Sen. Ken Decaria (D-S15, Evanston)

HB 36 would have specified the type of evidence related to a victim’s sexual conduct that is admissible or not admissible in a sexual assault trial. Evidence of the victim’s sexual conduct and sexual communication with the defendant on the occurrence at issue would have been admissible. Evidence of the victim’s sexual conduct or sexual communication prior or subsequent to the occurrence at issue would not have been inadmissible, unless it met certain criteria. Evidence of an alternative source for the injury suffered by the victim, evidence of negotiations between the victim and the defendant to convey consent, or evidence of the victim’s motive to fabricate the charges would have been admissible.

The House unanimously passed HB 36. The bill was introduced in the Senate and referred to the Senate Judiciary Committee, where it died without a recorded vote.

ENGROSSED