Existing civil law makes a person who commits a sexual battery, as defined, upon another liable to that person for damages and authorizes a court to award equitable relief, as specified. Existing civil law provides that he or she who consents to an act is not wronged by it. This bill would prohibit consent from being a defense in any sexual battery civil action if the person committing the sexual battery is a specified adult who is in a position of authority and is able to exercise undue influence, as defined, over the minor. Under existing law, in any civil action alleging conduct which constitutes sexual harassment, sexual assault, or sexual battery, opinion evidence, reputation evidence, and evidence of specific instances of plaintiff's sexual conduct, or any of that evidence, is not admissible by the defendant in order to prove consent by the plaintiff or the absence of injury to the plaintiff. Existing law requires specified procedures to be followed in any civil action alleging conduct constituting sexual harassment, sexual assault, or sexual battery if evidence of sexual conduct of the plaintiff is offered to attack the credibility of the plaintiff, as specified. Existing law authorizes the court in its discretion to exclude evidence if its probative value is substantially outweighed by the probability that its admission will either necessitate undue consumption of time or create substantial danger of undue prejudice, confusing the issues, or misleading the jury. This bill, in any sexual battery civil action involving a minor and an adult who is in a position of authority as described above, would prohibit evidence of the plaintiff minor's sexual conduct with the defendant adult from being admissible to prove consent by the plaintiff or the absence of injury to the plaintiff. The bill would authorize such evidence of the plaintiff's sexual conduct to be introduced only to attack the credibility of the plaintiff or to prove something other than consent by the plaintiff if, upon a hearing of the court out of the presence of the jury, the defendant proves that the probative value of that evidence outweighs the prejudice to the plaintiff, as specified.
Chaptered by Secretary of State. Chapter 128, Statutes of 2015.
Approved by the Governor.
Enrolled and presented to the Governor at 4:30 p.m.
In Senate. Ordered to engrossing and enrolling.
Read third time. Passed. (Ayes 78. Noes 0. Page 2257.) Ordered to the Senate.
Read second time. Ordered to third reading.
From committee: Do pass. (Ayes 10. Noes 0.) (June 16).
In Assembly. Read first time. Held at Desk.
Read third time. Passed. (Ayes 38. Noes 0. Page 632.) Ordered to the Assembly.
Read second time and amended. Ordered to third reading.
From committee: Do pass as amended. (Ayes 6. Noes 0. Page 525.) (April 7).
Set for hearing April 7.
From printer. May be acted upon on or after January 1.
Introduced. Read first time. To Com. on RLS. for assignment. To print.
|Bill Text Versions||Format|
|12/01/14 - Introduced|
|03/16/15 - Amended Senate|
|04/14/15 - Amended Senate|
|07/07/15 - Enrolled|
|07/16/15 - Chaptered|
|No related documents.|
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