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Rape Shield Law

  1. Evidence of specific instances of the victim’s or a witness’ prior or subsequent sexual conduct, opinion evidence of the victim’s or a witness’ sexual conduct, and reputation evidence of the victim’s or a witness’ sexual conduct shall be presumed to be irrelevant except:
    1. Evidence of the victim’s or witness’ prior or subsequent sexual conduct with the actor;
    2. Evidence of specific instances of sexual activity showing the source or origin of semen, pregnancy, disease, or any similar evidence of sexual intercourse offered for the purpose of showing that the act or acts charged were or were not committed by the defendant.
  2. In any criminal prosecution under sections 18-3-402 to 18-3-405.5, 18-6-301, 18-6-302, 18-6-403, and 18-6-404, or for attempt or conspiracy to commit any crime under sections 18-3-402 to 18-3-405.5, 18-6-301, 18-6-302, 18-6-403, and 18-6-404, if evidence, that is not excepted under subsection (1) of this section, of specific instances of the victim’s or a witness’ prior or subsequent sexual conduct, or opinion evidence of the victim’s or a witness’ sexual conduct, or reputation evidence of the victim’s or a witness’ sexual conduct, or evidence that the victim or a witness has a history of false reporting of sexual assaults is to be offered at trial, the following procedure shall be followed:
    1. A written motion shall be made at least thirty days prior to trial, unless later for good cause shown, to the court and to the opposing parties stating that the moving party has an offer of proof of the relevancy and materiality of evidence of specific instances of the victim’s or witness’ prior or subsequent sexual conduct, or opinion evidence of the victim’s or witness’ sexual conduct, or reputation evidence of the victim’s or witness’ sexual conduct, or evidence that the victim or witness has a history of false reporting of sexual assaults that is proposed to be presented.
    2. The written motion shall be accompanied by an affidavit in which the offer of proof shall be stated.
    3. If the court finds that the offer of proof is sufficient, the court shall notify the other party of such and set a hearing to be held in camera prior to trial. In such hearing, the court shall allow the questioning of the victim or witness regarding the offer of proof made by the moving party and shall otherwise allow a full presentation of the offer of proof including, but not limited to, the presentation of witnesses.
    4. An in camera hearing may be held during trial if evidence first becomes available at the time of the trial or for good cause shown.
    5. At the conclusion of the hearing, if the court finds that the evidence proposed to be offered regarding the sexual conduct of the victim or witness is relevant to a material issue to the case, the court shall order that evidence may be introduced and prescribe the nature of the evidence or questions to be permitted. The moving party may then offer evidence pursuant to the order of the court.
Client Reviews
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"I found myself in criminal trouble, that I wasn't guilty of and thanks to Mr. Steinberg's dedication and hard work, right before we we're looking at having to continue on to trial level Mr. Steinberg was able to use his vast knowledge of the law and his many respected years in the system to find a way to show my innocence. After a very unsure and somewhat difficult time for me, this very skilled and knowledgeable attorney was able to find the right path to take to reach a dismissal in my case. For that I can't tell you how much I appreciate his representation and his excellent understanding and helpful personality. He's a great man and an even better attorney but don't misunderstand him, he is an attorney not a therapist. Thanks H." Josh
★★★★★
"Working with Michael Steinberg was a wonderful experience. Truly people need to know that he is a expert in what he does. His personality is compassionate, intellectual, and down to earth. I glean that Michael is fun to be around. In the time I worked with him, it was a pleasure to be around him. As for my case, the outcome was amazing and couldn’t be better. He has made my life more manageable because of the outcome of my case. I’ve worked with other lawyers in the Denver area. He is superior to them all. If you’re in need of a lawyer and you come across Mr. Steinberg look no further he’s going to be the one you need. Thank you again Michael." Renee Taylor
★★★★★
"Being someone who had never been in trouble choosing the law office of Michael Steinberg was absolutely the most amazing decision I've made. The way Micheal handles these situations is absolutely amazing! He gives thorough explanation on what your options actually are and makes sure you understand them from top to bottom. He speaks to you like a human and not a dollar bill sign. I'm out in CO alone my entire family is out of state so not only was he my lawyer but he was my support system. He new how scared I was and he was kind and comforting but straight and to the point when he needed to be. I'm very grateful to him. And I thank him through and through. You would be making a huge mistake not to choose this law firm." Bryonda Copiskey