Illinois Compiled Statutes 735 ILCS 5/8-2801 – Admissibility of evidence; prior sexual activity or reputation
Current as of: 2024 | Check for updates
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(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
(1) evidence offered to prove that any victim engaged
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in other sexual behavior; or
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(2) evidence offered to prove any victim’s sexual
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predisposition.
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(b) Exceptions.
(1) In a civil case, the following evidence is
Terms Used In Illinois Compiled Statutes 735 ILCS 5/8-2801
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.
(1) In a civil case, the following evidence is
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admissible, if otherwise admissible under this Act:
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(A) evidence of specific instances of sexual
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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
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(B) evidence of specific instances of sexual
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behavior by the victim with respect to the person accused of the sexual misconduct offered by the accused to prove consent by the victim.
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(c) Procedure to determine admissibility.
(1) A party intending to offer evidence under
(1) A party intending to offer evidence under
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subsection (b) must:
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(A) file a written motion at least 14 days before
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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
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(B) serve the motion on all parties and notify
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the victim or, when appropriate, the victim’s guardian or representative.
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(2) Before admitting evidence under this Section the
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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.
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