Section 4-12 - Admissibility of Evidence of Victim's Sexual Behavior in Civil Proceedings Involving Alleged Sexual Misconduct(a)" As used in this section: (1) 'Sexual misconduct' means any act that is prohibited by section 53a-70b of the general statutes, revision of 1958, revised to January 1, 2019, section 53a-70, 53a-70a, 53a-70c, 53a-71, 53a-72a, 53a-72b or 53a-73a, and any act that constitutes sexual harassment, as defined in subdivision (8) of subsection (b) of section 46a-60; and(2) 'victim' includes an alleged victim.(b)" The following evidence is not admissible in a civil proceeding involving alleged sexual misconduct:(1) Evidence offered to prove that a victim engaged in other sexual behavior; or(2) evidence offered to prove a victim's sexual predisposition.(c)" Notwithstanding the provisions of subsection (b) of this section, the court may admit the evidence in a civil case if the probative value of such evidence substantially outweighs the danger of (1) harm to any victim; and (2) unfair prejudice to any party. The court may admit evidence of a victim's reputation only if the victim has placed the victim's reputation in controversy.'' General Statutes § 52-180c(a) through (c), as amended by Public Acts 2021, No. 21-40, § 50.Adopted March 29, 2022, to take effect 6/13/2022COMMENTARY
Section 4-12 quotes General Statutes § 52-180c(a) through (c), as amended by Public Acts 2021, No. 21-40, § 50, which covers the admissibility of evidence of a victim's alleged sexual behavior in a civil proceeding that involves allegations of sexual misconduct as defined in subsection (a). The term "victim'' includes an alleged victim. See commentary to Section 4-11. Because subsections (d) and (e) of § 52-180c concern the procedural framework for admitting such evidence in civil proceedings, the text of those subsections is not included in Section 4-12.