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Illinois Compiled Statutes

Information maintained by the Legislative Reference Bureau
Updating the database of the Illinois Compiled Statutes (ILCS) is an ongoing process. Recent laws may not yet be included in the ILCS database, but they are found on this site as Public Acts soon after they become law. For information concerning the relationship between statutes and Public Acts, refer to the Guide.

Because the statute database is maintained primarily for legislative drafting purposes, statutory changes are sometimes included in the statute database before they take effect. If the source note at the end of a Section of the statutes includes a Public Act that has not yet taken effect, the version of the law that is currently in effect may have already been removed from the database and you should refer to that Public Act to see the changes made to the current law.

(735 ILCS 5/) Code of Civil Procedure.

735 ILCS 5/Art. VIII Pt. 28

    (735 ILCS 5/Art. VIII Pt. 28 heading)
Part 28. Prior Sexual Activity or Reputation as Evidence
(Source: P.A. 96-307, eff. 1-1-10.)

735 ILCS 5/8-2801

    (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
        (2) evidence offered to prove any victim's sexual
    (b) Exceptions.
        (1) In a civil case, the following evidence is
admissible, if otherwise admissible under this Act:
            (A) evidence of specific instances of sexual
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
            (B) evidence of specific instances of sexual
behavior by the victim with respect to the person accused of the sexual misconduct offered by the accused to prove consent by the victim.
    (c) Procedure to determine admissibility.
        (1) A party intending to offer evidence under
subsection (b) must:
            (A) file a written motion at least 14 days before
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
            (B) serve the motion on all parties and notify
the victim or, when appropriate, the victim's guardian or representative.
        (2) Before admitting evidence under this Section the
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.
(Source: P.A. 96-307, eff. 1-1-10.)