Texas Civil Practice and Remedies Code 81.008 – Admission of Evidence
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(a) In an action for sexual exploitation, evidence of the plaintiff‘s sexual history and reputation is not admissible unless:
(1) the plaintiff claims damage to sexual functioning; or
(2)(A) the defendant requests a hearing before trial and makes an offer of proof of the relevancy of the history or reputation; and
(B) the court finds that the history or reputation is relevant and that the probative value of the evidence outweighs its prejudicial effect.
(b) The court may allow the admission only of specific information or examples of the plaintiff’s conduct that are determined by the court to be relevant. The court’s order shall detail the information or conduct that is admissible and no other such evidence may be introduced.
Terms Used In Texas Civil Practice and Remedies Code 81.008
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- 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.
- Plaintiff: The person who files the complaint in a civil lawsuit.
- Trial: A hearing that takes place when the defendant pleads "not guilty" and witnesses are required to come to court to give evidence.