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SB 535

Relating to the admissibility of evidence regarding a victim's past sexual behavior in prosecutions of certain trafficking, sexual, or assaultive offenses.

89th Legislature (2025) Introduced by Giovanni Capriglione and 3 co-sponsors

SB 535 restricts evidence of victims' past sexual behavior in Texas trafficking and sexual assault prosecutions, with narrow exceptions requiring judicial approval.

Effective on 9/1/25
#crimevictims(s0046) #crimes--againstpersons--general(i0170) #crimes--againstpersons--sexual(i0171) #criminalprocedure--general(i0208) #evidence(s0250) #minors--crimesagainst(i0532)
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Bill Summary · SB 535

Legislative bill overview

SB 535 modifies Texas evidence rules to restrict the admissibility of a victim's past sexual behavior or sexual history in prosecutions involving human trafficking, sexual assault, and other assaultive offenses. The bill creates stricter limitations on when such evidence can be introduced at trial, with narrow exceptions requiring judicial approval.

Why is this important

Victims' advocates argue that introducing past sexual history often stigmatizes victims and allows juries to make prejudicial judgments rather than focusing on the defendant's conduct. Defense attorneys contend that such evidence can be relevant to credibility or consent. This law significantly tilts the balance toward victim protection in Texas courts while potentially limiting defense discovery options in serious criminal cases.

Potential points of contention

  • Defense rights vs. victim protection: Defense attorneys may argue that restricting access to prior sexual history limits their ability to challenge witness credibility or establish alternative explanations, though the law provides limited exceptions
  • Scope and exceptions: The bill's specific carve-outs (what evidence remains admissible) will likely generate litigation over whether judges are applying the restrictions consistently and appropriately
  • Retroactive application: Unclear whether the law applies to pending cases or only prospective prosecution, which could create legal challenges and inconsistent outcomes

Compiled from official sources — confirm details with the bill’s official record.

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