Texas Senate bill by Sen. Huffman limits evidence of victim’s sexual history in certain prosecutions

Passed bill authored by State Sen. Joan Huffman aims to restrict the use of a victim’s sexual history as evidence in trafficking, sexual, or assaultive offense prosecutions, seeking to balance probative value against potential prejudice, according to the Texas Legislature website.

In the Senate, 10 Democrats and 20 Republicans voted in favor of the bill, with no opposition.

Meanwhile, in the House, 53 Democrats and 82 Republicans voted in favor, also with no opposing votes.

Joan Huffman introduced the bill in the Texas Senate on Thursday, Dec. 5, 2024, ahead of the official start of the 89th regular legislative session on Jan. 14, 2025.

Huffman graduated from Louisiana State University with a BA and again from South Texas School of Law with a JD.

Huffman, a Republican, was elected to the Texas State Senate in 2008 to represent the state’s 17th Senate district, replacing previous state senator Kyle Janek.

According to the Texas Legislature, the bill’s official text was summarized as follows: ‘Relating to the admissibility of evidence regarding a victim’s past sexual behavior in prosecutions of certain trafficking, sexual, or assaultive offenses’.

The following is our breakdown, based on the actual bill text, and may include interpretation to clarify its provisions.

In essence, this bill addresses the admissibility of evidence regarding a victim’s past sexual behavior in certain trafficking, sexual, or assaultive offense prosecutions. It amends the Code of Criminal Procedure by adding provisions that restrict the introduction of a victim’s sexual history as evidence unless strict criteria are met. Specifically, reputation or opinion evidence about the victim’s past is generally deemed inadmissible unless an in camera examination by the court demonstrates its probative value outweighs potential prejudice. This includes evidence necessary to rebut or explain scientific or medical evidence, prove consent with the defendant, or demonstrate the victim’s motive or bias. The associated in camera examination records are to be sealed and preserved. The bill disapproves Rule 412 of the Texas Rules of Evidence and takes effect Sept. 1, 2025, applying to criminal proceedings starting on or after this date.

The bill received its final legislative approval on Saturday, May 24, and was signed into law by Gov. Greg Abbott on Friday, June 20.

Bills in Texas go through a multi-step legislative process, including committee review, debates, and votes in both chambers before reaching a final decision. Each session, there are typically thousands of bills introduced, but only a portion successfully navigate the process to become law.

You can read more about the bills and other measures here.