WomensLaw is not just for women. We serve and support all survivors, no matter their sex or gender.

Legal Information: Vermont

Restraining Orders

View all
December 13, 2019

Can my past sexual history be used against me in court?

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:

1 VT ST T. 12 § 5133(c)