Clothing, hairstyle no longer permissible as evidence of consent in sexual assault cases
COLORADO SPRINGS, Colo. (KRDO) – Defendants in Colorado can no longer use clothing or hairstyle choices as evidence of consent in sexual assault cases.
A new Colorado law that went into effect on Monday, July 1, expands the protections given to sexual assault victims during criminal trials.
The previous Colorado "rape shield" laws said that a victim or witness's prior or subsequent sexual conduct is irrelevant in court. These new regulations work to expand these protections, adding that clothing and hairstyle can not be used as proof of consent.
"This law takes somebody's appearance out of the equation in terms of providing evidence for consent, because truly a person's appearance has nothing to do with whether or not they've been sexually assaulted," Kirsten Taylor, the executive director for Juniper Southern Colorado, Pueblo Rape Crisis Services, said.
The legislation also ensures that all allegations of sexual assault are taken seriously, Taylor said, by raising the bar for when the defense can accuse a victim of making false sexual assault claims in the past.
The law was passed with bipartisan support. Supporters hope this change will make victims of sexual assault feel safer to report crimes and testify in court without fear of victim-blaming.
"These ridiculous interrogations, I think, are often what intimidates a survivor from coming forward and reporting because they know they're going to be questioned about so many aspects of their identity," Taylor said. "Hopefully, this gives those survivors some level of confidence that the criminal justice system will not be using victim-blaming in order to prove that there was consent."
