Restraining Orders

In general, the judge cannot consider evidence about your sexual reputation or your past sexual conduct (although there are exceptions).

Certain evidence of your past sexual conduct may be admitted if it affects your credibility (how believable you are) or if it is material (very relevant/important) to a fact that is an issue in your case.   In this case, the court may consider evidence of:

1. Your past sexual conduct with the abuser;
2. Specific instances of sexual conduct that resulted in pregnancy, disease, or the presence of semen; and/or
3. Specific instances of your past false allegations of violations of one of the following crimes:

• Lewd and lascivious conduct
• Lewd or lascivious conduct with a child
• Voyeurism
• Sexual assault
• Aggravated sexual assault
• Aggravated sexual assault of a child
• Sexual exploitation of an inmate
• Sexual exploitation of a minor ¹

¹ VT ST 12 § 5133(c)