K.S.A. » Chapter 21
Kansas Statutes Annotated

K.S.A. § 21-5502 (2026)

Evidence of complaining witness' previous sexual conduct in prosecutions for certain offenses; motions; notice

✓ current as of May 2026
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21-5502. Evidence of complaining witness' previous sexual conduct in prosecutions for certain offenses; motions; notice. (a) The provisions of this section shall apply only in a prosecution for:

(1) Rape, as defined in K.S.A. 21-5503, and amendments thereto;

(2) indecent liberties with a child, as defined in K.S.A. 21-5506(a), and amendments thereto;

(3) aggravated indecent liberties with a child, as defined in K.S.A. 21-5506(b), and amendments thereto;

(4) criminal sodomy, as defined in K.S.A. 21-5504(a)(3) and (4), and amendments thereto;

(5) aggravated criminal sodomy, as defined in K.S.A. 21-5504(b), and amendments thereto;

(6) aggravated indecent solicitation of a child, as defined in K.S.A. 21-5508(b), and amendments thereto;

(7) sexual exploitation of a child, as defined in K.S.A. 21-5510, and amendments thereto;

(8) aggravated sexual battery, as defined in K.S.A. 21-5505(b), and amendments thereto;

(9) incest, as defined in K.S.A. 21-5604(a), and amendments thereto;

(10) aggravated incest, as defined in K.S.A. 21-5604(b), and amendments thereto;

(11) indecent solicitation of a child, as defined in K.S.A. 21-5508(a), and amendments thereto;

(12) aggravated assault, as defined in K.S.A. 21-5412(b), and amendments thereto, with intent to commit any crime specified above;

(13) sexual battery, as defined in K.S.A. 21-5505(a), and amendments thereto;

(14) unlawful voluntary sexual relations, as defined in K.S.A. 21-5507, and amendments thereto;

(15) aggravated human trafficking, as defined in K.S.A. 21-5426(b)(2), (4) and (5), and amendments thereto;

(16) commercial sexual exploitation of a child, as defined in K.S.A. 21-6422, and amendments thereto;

(17) electronic solicitation, as defined in K.S.A. 21-5509, and amendments thereto;

(18) internet trading in child pornography, as defined in K.S.A. 21-5514(a), and amendments thereto;

(19) aggravated internet trading in child pornography, as defined in K.S.A. 21-5514(b), and amendments thereto; or

(20) attempt, as defined in K.S.A. 21-5301, and amendments thereto, or conspiracy, as defined in K.S.A. 21-5302, and amendments thereto, to commit any crime specified above.

(b) Except as provided in subsection (c), in any prosecution to which this section applies, evidence of the complaining witness' previous sexual conduct with any person including the defendant shall not be admissible, and no reference shall be made thereto in any proceeding before the court, except under the following conditions: The defendant shall make a written motion to the court to admit evidence or testimony concerning the previous sexual conduct of the complaining witness. The motion shall be made at least seven days before the commencement of the proceeding unless that requirement is waived by the court. The motion shall state the nature of such evidence or testimony and its relevancy and shall be accompanied by an affidavit in which an offer of proof of the previous sexual conduct of the complaining witness is stated. The motion, affidavits and any supporting or responding documents of the motion shall not be made available for examination without a written order of the court except that such motion, affidavits and supporting and responding documents or testimony when requested shall be made available to the defendant or the defendant's counsel and to the prosecutor. The defendant, defendant's counsel and prosecutor shall be prohibited from disclosing any matters relating to the motion, affidavits and any supporting or responding documents of the motion. The court shall conduct a hearing on the motion in camera. At the conclusion of the hearing, if the court finds that evidence proposed to be offered by the defendant regarding the previous sexual conduct of the complaining witness is relevant and is not otherwise inadmissible as evidence, the court may make 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 and question witnesses in accordance with the order of the court.

(c) In any prosecution for a crime designated in subsection (a), the prosecutor may introduce evidence concerning any previous sexual conduct of the complaining witness, and the complaining witness may testify as to any such previous sexual conduct. If such evidence or testimony is introduced, the defendant may cross-examine the witness who gives such testimony and offer relevant evidence limited specifically to the rebuttal of such evidence or testimony introduced by the prosecutor or given by the complaining witness.

(d) As used in this section, "complaining witness" means the alleged victim of any crime designated in subsection (a), the prosecution of which is subject to this section.

History: L. 2010, ch. 136, § 66; L. 2013, ch. 120, § 15; L. 2017, ch. 78, § 11; July 1.

Notes of Decisions
Cited in 16 cases (11 in the last 5 years), 2017–2026 · leading case: State v. Spackman (Kan. Ct. App. 2021).
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State v. Spackman (Kan. Ct. App. 2021). · cites it 10× “Rape Shield Statute Spackman next argues that K.S.A. 2020 Supp. 21-5502, commonly known as the rape shield law, is unconstitutional and cannot be enforced.”
State v. Massey (Kan. Ct. App. 2020). · cites it 8× “'s prior sexual conduct under K.S.A. 2019 Supp. 21-5502. He wanted to testify that during his relationship with S.”
Khalil-Alsalaami v. State, 472 P.3d 60 (Kan. 2020). “See K.S.A. 2019 Supp. 21-5502. There are several ways in which counsel's assessment of and reaction to the information in their possession was legally unsound, and we hold today that they and Judge Bosch should have recognized as much.”
State v. Bosley (Kan. Ct. App. 2026). · cites it 7× “In addition, the State filed a motion in limine seeking to exclude evidence of the girlfriend's prior sexual conduct pursuant to K.S.A. 21-5502, which the district court granted.”
State v. Clements (Kan. Ct. App. 2021). · cites it 4× “K.S.A. 2020 Supp. 21-5502 prohibits the admission of evidence of the victim's previous sexual conduct with any person, including the defendant, unless the trial court first determines the evidence to be relevant and otherwise admissible.”
State v. Calderon-Mendoza (Kan. Ct. App. 2026). · cites it 4× “Here, Calderon-Mendoza asserts that the district court relied on the rape shield statute, K.S.A. 21-5502, in denying his motion, a decision which the Kansas Supreme Court has said "will not be overturned on appeal if reasonable minds could disagree as to the court's decision.”
State v. Diaz (Kan. Ct. App. 2024). · cites it 3× “in a sports bra might not fall under previous sexual conduct, protected 13 by K.S.A. 21-5502. But Diaz moved to admit testimony related to the photograph "to be cautious here and make sure that I am kind of playing by the rules to present this as a potential issue under the rape…”
Portillo v. State, 211 So. 3d 1135 (Fla. 3d DCA 2017). · cites it 2× “412; Kan. Stat. Ann. § 21-5502 ; La. Code Evid.”
Andrews v. State (Kan. Ct. App. 2024). · cites it 2× “But the rape shield statute does allow evidence of a victim's prior sexual conduct if it is relevant to a fact at issue, such as evidence that another person may have been guilty of the alleged sexual abuse.”
Gihring v. State (Kan. Ct. App. 2024). · cites it 2× “K.S.A. 21-5502, known as the "rape shield statute," provides that evidence of a rape victim's previous sexual conduct is generally inadmissible.”
State v. Ricke (Kan. Ct. App. 2020). “But, under K.S.A. 21-5502(b), character evidence regarding the alleged victim's sexual conduct starts off as inadmissible for the defendant.”
Savery v. State (Kan. Ct. App. 2020). “See K.S.A. 2019 Supp. 21-5502(b) (allowing evidence of victim's prior sexual conduct to be admitted under limited circumstances).”
Show all 16 citing cases →
— K.S.A. § 21-5502(a)(2) — 1 case
State v. Calderon-Mendoza (Kan. Ct. App. 2026). “Here, Calderon-Mendoza asserts that the district court relied on the rape shield statute, K.S.A. 21-5502, in denying his motion, a decision which the Kansas Supreme Court has said "will not be overturned on appeal if reasonable minds could disagree as to the court's decision.”
— K.S.A. § 21-5502(a)(5) — 1 case
State v. Bosley (Kan. Ct. App. 2026). “In addition, the State filed a motion in limine seeking to exclude evidence of the girlfriend's prior sexual conduct pursuant to K.S.A. 21-5502, which the district court granted.”
— K.S.A. § 21-5502(b) — 9 cases
State v. Spackman (Kan. Ct. App. 2021). “Rape Shield Statute Spackman next argues that K.S.A. 2020 Supp. 21-5502, commonly known as the rape shield law, is unconstitutional and cannot be enforced.”
State v. Bosley (Kan. Ct. App. 2026). “In addition, the State filed a motion in limine seeking to exclude evidence of the girlfriend's prior sexual conduct pursuant to K.S.A. 21-5502, which the district court granted.”
Andrews v. State (Kan. Ct. App. 2024). “But the rape shield statute does allow evidence of a victim's prior sexual conduct if it is relevant to a fact at issue, such as evidence that another person may have been guilty of the alleged sexual abuse.”
State v. Ricke (Kan. Ct. App. 2020). “But, under K.S.A. 21-5502(b), character evidence regarding the alleged victim's sexual conduct starts off as inadmissible for the defendant.”
Savery v. State (Kan. Ct. App. 2020). “See K.S.A. 2019 Supp. 21-5502(b) (allowing evidence of victim's prior sexual conduct to be admitted under limited circumstances).”
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