What's happening
This bill removes the admissibility of evidence regarding a victim's past prostitution convictions in sex offense cases.
Why it matters
Reduces the likelihood of victim-blaming in court. by preventing the introduction of a victim’s prior prostitution convictions, which could have been used to discredit or shame them during a sex offense trial.
Encourages more victims to report sex offenses. , as they may feel less afraid that their past will be used against them in court, potentially increasing reporting and cooperation with law enforcement.
Aligns legal protections for sex offense victims with evolving societal views. on how past sexual history—especially sex work—should not determine credibility or consent, reinforcing the focus on the defendant’s alleged actions rather than the victim’s history.
Limits defense strategies that rely on prejudicial evidence. , ensuring that trials center on relevant facts of the alleged crime rather than unrelated aspects of the victim’s past, thereby supporting a fairer judicial process.
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Who cares
Headline styles
Bar Prostitution Conviction Evidence
Plain English, a few words. Used as the page title.
Sponsors
History
- Referred to codes
- Referred to codes
Companion bill
The same bill in the other chamber. A bill becomes law when one version passes both houses and the governor signs it, so either number can carry it.
Ban Prostitution History Evidence
In Assembly Committee · Codes · Sponsor Linda Rosenthal
Full text
1 pageUnderlined is new[Struck] is removedOfficial text on nysenate.gov ↗
STATE OF NEW YORK
4822
2019-2020 Regular Sessions
IN SENATE
March 26, 2019
Introduced by Sen. PARKER -- read twice and ordered printed, and when printed to be committed to the Committee on Codes
AN ACT to amend the criminal procedure law, in relation to admissibility of a victim's sexual conduct in a sex offense
The People of the State of New York, represented in Senate and Assembly, do enact as follows:
Section 1. Section 60.42 of the criminal procedure law, as added by chapter 230 of the laws of 1975 and subdivision 3 as amended by chapter 264 of the laws of 2003, is amended to read as follows: § 60.42 Rules of evidence; admissibility of evidence of victim's sexual
conduct in sex offense cases.
Evidence of a victim's sexual conduct shall not be admissible in a prosecution for an offense or an attempt to commit an offense defined in article one hundred thirty of the penal law unless such evidence:
1. proves or tends to prove specific instances of the victim's prior sexual conduct with the accused; or
2. [proves or tends to prove that the victim has been convicted of an offense under section 230.00 of the penal law within three years prior to the sex offense which is the subject of the prosecution; or
3.] rebuts evidence introduced by the people of the victim's failure to engage in sexual intercourse, oral sexual conduct, anal sexual conduct or sexual contact during a given period of time; or
[4.] 3. rebuts evidence introduced by the people which proves or tends to prove that the accused is the cause of pregnancy or disease of the victim, or the source of semen found in the victim; or
[5.] 4. is determined by the court after an offer of proof by the accused outside the hearing of the jury, or such hearing as the court may require, and a statement by the court of its findings of fact essential to its determination, to be relevant and admissible in the interests of justice.
§ 2. This act shall take effect on the first of November next succeeding the date on which it shall have become a law.
EXPLANATION--Matter in italics (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD01388-01-9
Reflowed for reading: line numbers and page breaks removed. Cite the official text.
Sponsor's memo
Title of bill
An act to amend the criminal procedure law, in relation to admissibility of a victim's sexual conduct in a sex offense
Purpose
To include sex workers under the rape shield law when they become victims of a sexual assault.
Summary of provisions
Section One of the bill amends Section 60.42 of the criminal procedure law to state that evidence of a victim's sexual conduct shall not be admissible in a prosecution for an offense or an attempt to commit an offense that proves or tends to prove specific instances of the victim's prior sexual conduct with the accused regardless if the victim has been convicted of an offense under section 230.00 of the penal law three years prior to the sex offense which is the subject of the prosecution.
Justification
Under current law, women convicted of a sex offense under section 230.00 within three years are not subject to the protections of the rape shield law. All women of sexual crimes should be afforded the protections granted under the rape shield law.
Prior legislative history
2017-18: S3633 - REFERRED TO CODES 2015-16: S.594/A.541 - Died in Codes 2013-14: S .1286/A.705 - Died in Codes 2011-12: S.1233/A.1458 (Duane)- Died in Codes 2009-10: S.2668/A.6293 (Duane)- Died in Codes 2008: 8.7357/A.10579 (Duane) - Died in Codes
Fiscal implications
Minimal.
Local fiscal implications
Minimal.
Effective date
This act shall take effect on the first November next succeeding the date on which it shall have become law.
Summaries, headlines and scores are AI-generated from the official bill text. How we score bills. Source: NYS Open Legislation.