Back to this week
In sex offense prosecutions, one of the limited exceptions that lets a judge admit evidence of a victim's past sexual activity now covers activity showing the source of a "physical injury" instead of "trauma."
Official title: sexual offenses; victim; evidence
- September 12, 2026
What changes
BeforeA judge could admit evidence of specific instances of sexual activity showing the source or origin of semen, pregnancy, disease or "trauma," if the other conditions were met.
NowThat exception now covers sexual activity showing the source or origin of semen, pregnancy, disease or "physical injury." The word "trauma" is removed.
Who it affects
- Victims in prosecutions for sex offenses and the other crimes this evidence rule covers
- Defendants in those prosecutions
- Prosecutors and defense attorneys
- Judges and courts
What you need to do
Nothing.
What the law doesn't answer
- Why the word "trauma" was replaced with "physical injury"
- What counts as a "physical injury" under this rule
- Whether evidence offered to explain emotional or psychological harm can still be admitted under any other exception
- Whether the change applies to cases already pending when it takes effect
This summary describes the law as enacted. Later laws, court rulings or referendum petitions can change the picture. Check the official text for the current wording.