Illinois Compiled Statutes (ILCS)
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(735 ILCS 5/) Code of Civil Procedure.


 
    (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)
    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
    
predisposition.
    (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.)