Tennessee Code 29-26-207 – Evidence of sexual conduct
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Terms Used In Tennessee Code 29-26-207
- Discovery: Lawyers' examination, before trial, of facts and documents in possession of the opponents to help the lawyers prepare for trial.
- 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.
- Patient: means a person who has obtained therapy from a therapist. See Tennessee Code 29-26-203
- Sexual behavior: means sexual activity of the victim other than the sexual act or acts at issue in the case. See Tennessee Code 29-26-203
- Sexual misconduct: means any of the following, regardless of the consent of the patient:
(i) Any intrusion into an opening of the patient's body by any part of the therapist's body, or an object used by the therapist to effect an intrusion for the purpose of sexual arousal or gratification. See Tennessee Code 29-26-203 - Therapist: means any person who performs therapy regardless of whether the person is licensed by the state. See Tennessee Code 29-26-203
- Therapy: includes , but is not limited to, marital counseling, substance abuse treatment, and family counseling. See Tennessee Code 29-26-203
In an action for sexual misconduct, the victim’s sexual history is not admissible as evidence except to prove that the sexual behavior occurred with the therapist prior to the provision of therapy to the patient by the therapist. During discovery, only evidence of the victim’s sexual history which is relevant to a determination of the timing of the sexual relationship between the parties is discoverable.