New Colorado law prohibits use of sex assault victims’ clothing or hairstyle as proof of consent

Defendants in Colorado sexual assault cases soon will be prohibited from using what a victim was wearing or a victim’s hairstyle as evidence of consent.

Lt. Gov. Dianne Primavera, who is the acting governor this week, signed House Bill 1072 Wednesday afternoon. The bipartisan legislation is aimed at strengthening protections for sex assault victims in court by expanding the rape shield law. It will take effect July 1.

The law also includes provisions severely limiting, in court hearings, the use of a victim’s or witness’ sexual history along with accusations of a prior history of false reporting.

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Supporters of the law hope it will reduce victim blaming in sexual misconduct crimes and increase victims’ participation in the criminal justice process by preventing the use of humiliating and irrelevant information in courtroom interrogations.

“I am proud to be part of this expansion to broaden protections for victims of sexual assault,” said Rep. Lisa Frizell, a Castle Rock Republican and one of the bill’s sponsors, in a statement. “This is a crucial step in promoting a fair and just legal system for victims and ensuring the blame is placed on the perpetrator, not the victim.”

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