SB314 • 2025

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO CRIMINAL PROCEDURE, WITNESSES AND EVIDENCE.

Passed Legislature

This bill passed both chambers and reached final enrollment, even if later executive action is not shown here.

Sponsor: Poore
Last action: 2026-05-11
Official status: Senate Judiciary 5/11/26
Effective date: Not listed

Plain English Breakdown

Using official source text because the generated explanation was unavailable or could not be confirmed against the official bill text.

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO CRIMINAL PROCEDURE, WITNESSES AND EVIDENCE.

What This Bill Does

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO CRIMINAL PROCEDURE, WITNESSES AND EVIDENCE.
This bill modernizes the Rape Shield provisions in Title 11 of the Delaware Code, § 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.
Under Title 11, § 3508, if evidence of the sexual conduct of the complaining witness is offered to attack the credibility of the complaining witness the following procedure shall be followed: (1) The defendant shall make a written motion to the court and prosecutor stating that the defense has an offer of proof concerning the relevancy of evidence of the sexual conduct of the complaining witness which the defendant proposes to present, and the relevancy of such evidence in attacking the credibility of the complaining witness.
(2) The written motion shall be accompanied by an affidavit in which the offer of proof shall be stated.

Limits and Unknowns

This entry is temporarily using official source text because the generated explanation could not be confirmed against the official bill text during the last sync.

Bill History

2026-05-11 Delaware General Assembly
Introduced and Assigned to Judiciary Committee in Senate

Official Summary Text

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO CRIMINAL PROCEDURE, WITNESSES AND EVIDENCE.
This bill modernizes the Rape Shield provisions in Title 11 of the Delaware Code, § 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.

Under Title 11, § 3508, if evidence of the sexual conduct of the complaining witness is offered to attack the credibility of the complaining witness the following procedure shall be followed:
(1) The defendant shall make a written motion to the court and prosecutor stating that the defense has an offer of proof concerning the relevancy of evidence of the sexual conduct of the complaining witness which the defendant proposes to present, and the relevancy of such evidence in attacking the credibility of the complaining witness.
(2) The written motion shall be accompanied by an affidavit in which the offer of proof shall be stated.
(3) If the court finds that the offer of proof is sufficient, the court shall order a hearing out of the presence of the jury, if any, and at such hearing allow the questioning of the complaining witness regarding the offer of proof made by the defendant.
(4) At the conclusion of the hearing, if the court finds that evidence proposed to be offered by the defendant regarding the sexual conduct of the complaining witness is relevant, and is not inadmissible, the court may issue an order stating what evidence may be introduced by the defendant, and the nature of the questions to be permitted. The defendant may then offer evidence pursuant to the order of the court.

Current Bill Text

Read the full stored bill text

Legislation Document

SPONSOR:

Sen. Poore & Rep. Romer

Sen. Hoffner; Reps. Berry, Gorman, Griffith, Heffernan, Morrison

DELAWARE STATE SENATE

153rd GENERAL ASSEMBLY

SENATE BILL NO. 314

AN ACT TO AMEND TITLE 11 OF THE DELAWARE CODE RELATING TO CRIMINAL PROCEDURE, WITNESSES AND EVIDENCE.

BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF DELAWARE:

Section 1. Amend § 3509, Chapter 35, Title 11 of the Delaware Code by making deletions as shown by strike through and insertions as shown by underline as follows:

§ 3509. Rape — Admissibility of certain evidence.

(a) Notwithstanding any other provision of this Code to the contrary, and except as provided in this section, in any prosecution for any degree of rape, unlawful sexual intercourse, unlawful sexual penetration or unlawful sexual contact, any opinion evidence, reputation evidence and evidence of specific instances of the complaining witness’ sexual conduct, or any of such evidence, is not admissible by the defendant in order to prove consent by the complaining witness.

(b) This section, however, shall not be applicable to evidence of the complaining witness’ sexual conduct with the defendant.

(c) Notwithstanding any other provision of this Code to the contrary, and except as provided in this section and in Delaware’s Rules of Evidence, 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 this title, 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.

(c)

(d)

If the prosecutor introduces evidence, including testimony of a witness, or the complaining witness as a witness gives testimony, and such evidence or testimony relates to the complaining witness’ sexual conduct, the defendant may cross-examine the witness who gives such testimony and offer relevant evidence limited specifically to the rebuttal of such evidence introduced by the prosecutor or given by the complaining witness.

(d)

(e)

Nothing in this section shall be construed to make inadmissible any evidence offered to attack the credibility of the complaining witness as provided in § 3508 of this title.

(e)

(f)

As used in this section, “complaining witness” shall mean the alleged victim of the crime charged, the prosecution of which is subject to this section.

SYNOPSIS

This bill modernizes the Rape Shield provisions in Title 11 of the Delaware Code, § 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.

Under Title 11, § 3508, if evidence of the sexual conduct of the complaining witness is offered to attack the credibility of the complaining witness the following procedure shall be followed:

(1) The defendant shall make a written motion to the court and prosecutor stating that the defense has an offer of proof concerning the relevancy of evidence of the sexual conduct of the complaining witness which the defendant proposes to present, and the relevancy of such evidence in attacking the credibility of the complaining witness.

(2) The written motion shall be accompanied by an affidavit in which the offer of proof shall be stated.

(3) If the court finds that the offer of proof is sufficient, the court shall order a hearing out of the presence of the jury, if any, and at such hearing allow the questioning of the complaining witness regarding the offer of proof made by the defendant.

(4) At the conclusion of the hearing, if the court finds that evidence proposed to be offered by the defendant regarding the sexual conduct of the complaining witness is relevant, and is not inadmissible, the court may issue an order stating what evidence may be introduced by the defendant, and the nature of the questions to be permitted. The defendant may then offer evidence pursuant to the order of the court.

Author: Senator Poore