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ARIZONA STATE SENATE
Fifty-Seventh Legislature, Second Regular Session
sexual offenses; victim; evidence
Purpose
Background
Statute limits the admissibility of evidence relating to a victim's prior sexual conduct in prosecutions for sexual offenses. Evidence relating to a victim's reputation for chastity and opinion evidence relating to a victim's chastity are not admissible. Evidence of specific instances of a victim's prior sexual conduct may be admitted only if a judge finds that the evidence is relevant, material to a fact in issue and that its inflammatory or prejudicial nature does not outweigh its probative value. Such evidence is limited to specific categories, including: 1) evidence of the victim's past sexual conduct with the defendant; 2) evidence showing the source or origin of semen, pregnancy, disease or trauma; 3) evidence supporting a claim that the victim has a motive in accusing the defendant; 4) evidence offered for impeachment if the prosecution places the victim's prior sexual conduct in issue; and 5) evidence of false allegations of sexual misconduct made by the victim against others.
Evidence of prior sexual conduct may not be referred to in any statements before a jury or introduced at trial without a court order following a hearing on written motions to determine admissibility. If new information arises during trial that may make such evidence admissible, the court may conduct a hearing to determine admissibility. The standard for admissibility is clear and convincing evidence (A.R.S. § 13-1421).
There is no anticipated fiscal impact to the state General Fund associated with this legislation.
Provisions
1. Requires evidence of a victim's specific sexual activity to show the source or origin of physical injury, rather than trauma, when considering whether such evidence relating to the victim's prior sexual conduct is admissible.
2. Becomes effective on the general effective date.
Prepared by Senate Research
February 16, 2026
ZD/MY/ci