Part 28 - Prior Sexual Activity or Reputation as Evidence
(735 ILCS 5/Art. VIII Pt. 28 heading) Part 28. Prior Sexual Activity or Reputation as Evidence (Source: P.A. 96‑307, eff. 1‑1‑10.)
(735 ILCS 5/8‑2801)
Sec. 8‑2801. Admissibility of evidence; prior sexual activity or reputation.
(a) Evidence generally inadmissible. The following evidence is not admissible in any civil proceeding except as provided in subsections (b) and (c):
(1) evidence offered to prove that any victim engaged
| in other sexual behavior; or | |
(2) evidence offered to prove any victim's sexual |
| |
(b) Exceptions.
(1) In a civil case, the following evidence is |
| admissible, if otherwise admissible under this Act: | |
(A) evidence of specific instances of sexual |
| behavior by the victim offered to prove that a person other than the accused was the source of semen, injury, or other physical evidence; and | |
(B) evidence of specific instances of sexual |
| behavior by the victim with respect to the person accused of the sexual misconduct offered by the accused to prove consent by the victim. | |
(c) Procedure to determine admissibility.
(1) A party intending to offer evidence under |
| |
(A) file a written motion at least 14 days before |
| trial specifically describing the evidence and stating the purpose for which it is offered unless the court, for good cause requires a different time for filing or permits filing during trial; and | |
(B) serve the motion on all parties and notify |
| the victim or, when appropriate, the victim's guardian or representative. | |
(2) Before admitting evidence under this Section the |
| court must conduct a hearing in camera and afford the victim and parties a right to attend and be heard. The motion, related papers, and the record of the hearing must be sealed and remain under seal unless the court orders otherwise. | |
(Source: P.A. 96‑307, eff. 1‑1‑10.) |