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(735 ILCS 5/8-2801) Sec. 8-2801. Admissibility of evidence; prior sexual activity or reputation. (a) Evidence generally inadmissible. The following evidence is not admissible in any civil proceeding except as provided in subsections (b) and (c): (1) evidence offered to prove that any victim engaged |
| in other sexual behavior; or
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(2) evidence offered to prove any victim's sexual
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(b) Exceptions.
(1) In a civil case, the following evidence is
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| admissible, if otherwise admissible under this Act:
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(A) evidence of specific instances of sexual
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| behavior by the victim offered to prove that a person other than the accused was the source of semen, injury, or other physical evidence; and
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(B) evidence of specific instances of sexual
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| behavior by the victim with respect to the person accused of the sexual misconduct offered by the accused to prove consent by the victim.
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(c) Procedure to determine admissibility.
(1) A party intending to offer evidence under
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(A) file a written motion at least 14 days before
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| trial specifically describing the evidence and stating the purpose for which it is offered unless the court, for good cause requires a different time for filing or permits filing during trial; and
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(B) serve the motion on all parties and notify
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| the victim or, when appropriate, the victim's guardian or representative.
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(2) Before admitting evidence under this Section the
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| court must conduct a hearing in camera and afford the victim and parties a right to attend and be heard. The motion, related papers, and the record of the hearing must be sealed and remain under seal unless the court orders otherwise.
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(Source: P.A. 96-307, eff. 1-1-10.)
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