Sec. 81.008. ADMISSION OF EVIDENCE. (a) In an action for sexual exploitation, evidence of the plaintiff's sexual history and reputation is not admissible unless:
(1) the plaintiff claims damage to sexual functioning; or
(2)(A) the defendant requests a hearing before trial and makes an offer of proof of the relevancy of the history or reputation; and
(B) the court finds that the history or reputation is relevant and that the probative value of the evidence outweighs its prejudicial effect.
(b) The court may allow the admission only of specific information or examples of the plaintiff's conduct that are determined by the court to be relevant. The court's order shall detail the information or conduct that is admissible and no other such evidence may be introduced.
Added by Acts 1993, 73rd Leg., ch. 573, Sec. 2.01, eff. Sept. 1, 1993.
Structure Texas Statutes
Civil Practice and Remedies Code
Chapter 81 - Sexual Exploitation by Mental Health Services Provider
Section 81.002. Sexual Exploitation Cause of Action
Section 81.003. Liability of Employer
Section 81.006. Duty to Report
Section 81.007. Limited Immunity From Liability
Section 81.008. Admission of Evidence
Section 81.010. Injunctive Relief Against Governmental Units