This bill amends section 27-412 of the Nebraska Evidence Rules to enhance the protections for victims of sexual misconduct in both civil and criminal proceedings. It specifies that evidence of a victim's past sexual behavior or prior sexual assaults is generally inadmissible, with certain exceptions outlined for criminal cases where such evidence may be relevant to proving consent or identifying another perpetrator. Additionally, the bill introduces a new provision that prohibits questioning a victim about any matter deemed inadmissible under this section during pretrial hearings or proceedings, including depositions.
The bill also establishes procedural requirements for parties intending to introduce evidence related to a victim's sexual behavior, mandating a written motion to be filed at least fifteen days before trial, along with a hearing conducted outside the jury's presence. The original section 27-412 is repealed, consolidating the updated provisions into a more victim-centered approach to handling evidence in sexual misconduct cases.
Statutes affected: Introduced: 27-412