Protecting Privacy & the Sanctity of One’s Home
September 09, 2015
In a sexual assault case in Colorado, the defendant requested that the court grant access to the victim’s home as part of his “pretrial investigation.” When the trial court granted the motion, the State fought to protect the victim’s rights by moving for reconsideration but the trial court denied the motion. Wonderfully the State was not done fighting and neither was the victim’s lawyer who is from the Rocky Mountain Victim Law Center (RMVLC). So on appeal to the Colorado Supreme Court, NCVLI partnered with RMVLC to file a brief challenging the trial court’s order granting access. The brief argued that the victim’s state constitutional rights to privacy, to be free from intrusion into the home, and to access to courts must prevail over what is a defendant’s constitutional right to only an adequate defense. The case is pending; we will keep you posted!