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HomeEvidence CodeDiv. 9Ch. 3§ 1161 Trafficking Victim Evidence Protection

§ 1161 Trafficking Victim Evidence Protection

Evidence Code·California
AI Summary·Official Text·Key Terms·Related Statutes·References
AI SummaryVerified

§ 1161 Trafficking Victim Evidence Protection

Key Takeaways

  • •If someone is forced into selling sex because they were trafficked, they can't be punished for it.
  • •Their past sexual history or past sex work can't be used against them in court to say they're lying or a bad person.
  • •This rule applies in both criminal and civil cases.

Example

A person was forced into selling sex by a trafficker and gets arrested.

The court can't use the fact that they sold sex against them, and can't bring up their past to say they're not trustworthy.

AI-generated — May contain errors. Not legal advice. Always verify source.

Official Source
View on CA.gov

§ 1161 Trafficking Victim Evidence Protection

(a) Evidence that a victim of human trafficking, as defined in Section 236.1 of the Penal Code, has engaged in any commercial sexual act as a result of being a victim of human trafficking is inadmissible to prove the victim’s criminal liability for the commercial sexual act. (b) Evidence of sexual history or history of any commercial sexual act of a victim of human trafficking, as defined in Section 236.1 of the Penal Code, is inadmissible to attack the credibility or impeach the character of the victim in any civil or criminal proceeding. (Amended by Stats. 2013, Ch. 126, Sec. 1. (AB 694) Effective January 1, 2014. Note: This section was added on Nov. 6, 2012, by initiative Prop. 35.)

Last verified: January 22, 2026

Key Terms

human traffickingcommercial sexual actvictiminadmissible

Related Statutes

  • § 1153 Withdrawn Guilty Plea Evidence
  • § 1154 Settlement Negotiation Evidence Rule
  • § 1162 Prostitution Evidence Inadmissible For Victims
  • § 1150 Jury Verdict Impeachment Evidence
  • § 1151 Post-Accident Safety Measures

References

  • Official text at leginfo.legislature.ca.gov
  • California Legislature. Evidence Code. Section 1161.
View Official Source