✅Relating to the admissibility of evidence regarding a victim’s past sexual behavior in prosecutions of certain trafficking, sexual, or assaultive offenses.

✅ SB 535: Expands Rape Shield Protections to Cover Trafficking Victims

What it says it does:
SB 535 says it will strengthen Texas law by limiting how a victim’s sexual history can be used in court during prosecutions for trafficking, sexual assault, or related offenses.

What it actually changes:
The bill expands rape shield protections that once applied only to certain assault cases. It now includes trafficking and child-specific sex crimes. It bars evidence about a victim’s sexual history or reputation unless a judge reviews it privately, on the record, and finds it necessary to ensure fairness. Any record from that review must be sealed.

Who is pushing for it:
Support in the files came from prosecutors, law enforcement organizations, medical associations, and advocacy groups for victims of violence.

Who benefits:
Victims of sexual assault, human trafficking, and child abuse gain stronger protection from invasive and irrelevant courtroom questioning. Prosecutors also benefit from a clearer rule that keeps trials focused on facts, not personal attacks.

Who gets left out or exposed:
Defense attorneys and advocacy groups for defendants expressed concern that limits on sexual history evidence could reduce their ability to challenge credibility in some cases.

Why this matters long term:
It raises the bar for fairness in court by making it harder to use shame or stigma against victims. This change could also encourage more survivors to come forward, knowing they will not be retraumatized during trial.

What to watch next:
Judges will decide how consistently to apply the new in-camera review rule. Training and clear procedures will be needed to ensure uniform protection statewide.

Bottom line:
SB 535 protects victims from unnecessary character attacks while keeping constitutional safeguards for the accused. It strengthens justice without creating new bureaucracy or hidden costs.

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