SB 314 DE
AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO CRIMINAL PROCEDURE, WITNESSES AND EVIDENCE.
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Summary
This act modernizes Delaware's Rape Shield law provisions governing what evidence can be presented in prosecutions for sexual offenses. It establishes rules for when evidence that a complainant made a false accusation of sexual conduct in another case may be admissible in sexual offense trials. Evidence of prior false accusations is only admissible if it follows established procedures, is relevant and material to the case, and its probative value outweighs any inflammatory or prejudicial effect. The act creates a separate procedure specifically for handling evidence of prior false accusations by the complainant, with distinct standards designed to address the unique issues raised by this type of evidence. The modifications aim to balance the protection of complainants with the right of defendants to present relevant evidence.
AI-generated plain-language summary of the bill (from the OpenStates abstract — no full text available yet) — neutral, and may be imperfect.
Official abstract
Like the original bill, Senate Substitute 1 for Senate Bill 314 modernizes the Rape Shield provisions in Title 11 of the Delaware Code, §§ 3508 and 3509 and provides that in any prosecution for any degree of rape, unlawful sexual intercourse, unlawful sexual penetration or unlawful sexual contact, any evidence that the complaining witness made a false accusation of unlawful sexual conduct against any person on another occasion is inadmissible unless it complies with the procedure set forth in § 3508 of Title 11, is relevant and is material to a fact in issue in the case, and the inflammatory or prejudicial nature of the evidence does not outweigh the probative value of the evidence. This Senate Substitute differs from the original in that it establishes a separate procedure under § 3508(b) of Title 11 to address prior false accusations of unlawful sexual conduct by the complaining witness, providing a distinct set of standards for handling the unique issues surrounding this type of evidence.
Sponsors (7)
- Nicole Poore Democratic · primary
- Cyndie Romer Democratic · primary
- Claire Snyder-Hall Democratic · primary
- Stell Parker Selby · primary
- Mara Gorman Democratic · primary
- Russell Huxtable Democratic · primary
- Eric Morrison Democratic · primary
Action history (5)
- Jun 16, 2026 Adopted in lieu of the original bill SB 314, and Assigned to Judiciary Committee in Senate · upper
- Jun 17, 2026 Reported Out of Committee (Judiciary) in Senate with 5 On Its Merits · upper
- Jun 23, 2026 Passed By Senate. Votes: 21 YES · upper
- Jun 24, 2026 Assigned to Administration Committee in House · lower
- Jun 30, 2026 Reported Out of Committee (Administration) in House with 5 On Its Merits · lower
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