May 23, 2025
Ms. Mace introduced the following bill; which was referred to the Committee on the Judiciary
To direct the Judicial Conference to submit a report examining an amendment to the Federal Rules of Evidence to further limit admissibility of evidence regarding an alleged victim’s sexual behavior or predisposition and to improve privacy protections for admissible evidence.
Section 1. Short title
This Act may be cited as the Rape Shield Enhancement Act of 2025
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Sec. 2. Report on amendment to the rules of evidence to further limit admissibility of evidence regarding an alleged victim’s sexual behavior or predisposition and to improve privacy protections for admissible evidence
Not later than 180 days after the date of enactment of this Act, the Judicial Conference shall submit to Congress—
(1)
a report reviewing Rule 412 of the Federal Rules of Evidence, and identify amendments, in accordance with chapter 131 of title 28, United States Code, limited in scope to—
(A)
further limiting the admissibility of evidence regarding the sexual behavior or predisposition of an alleged victim of sexual assault; and
(B)
improving privacy protections for admissible evidence related to the sexual behavior or predisposition of an alleged victim of sexual assault, including the subsequent disclosure of such evidence;
(2)
a report reviewing Rule 26 of the Federal Rules of Civil Procedure, and identify amendments, in accordance with chapter 131 of title 28, United States Code, that would—
(A)
narrow the scope of permissible discovery requests to limit inquiries into the personal, financial, social, psychological, sexual, medical, or other private or confidential records or history of an alleged victim of sexual assault, unless directly relevant to the case;
(B)
establish clearer protections for the privacy of such an alleged victim, including limitations on subsequent disclosures of personal, financial, social, psychological, sexual, medical, or other private or confidential records or history of an alleged victim of sexual assault; and
(C)
ensure that discovery practices are consistent with Federal law protecting the rights of such an alleged victim; and
(3)
a report reviewing Rule 16 of the Federal Rules of Criminal Procedure, and identify amendments, in accordance with chapter 131 of title 28, United States Code, that would—
(A)
narrow the scope of permissible discovery requests to limit inquiries into the personal, financial, social, psychological, sexual, medical, or other private or confidential records or history of an alleged victim of sexual assault, unless directly relevant to the case;
(B)
establish clearer protections for the privacy of such an alleged victim, including limitations on subsequent disclosures of personal, financial, social, psychological, sexual, medical, or other private or confidential records or history of an alleged victim of sexual assault; and
(C)
ensure that discovery practices are consistent with Federal law protecting the rights of such an alleged victim.