School navigation

National Crime Victim Law Institute

Pro Bono Partnership to Protect Privacy

August 14, 2017

During pretrial motion practice in an assault case in Oregon, the defense requested that the court order the victim to turn over 10 years’ worth of medical records and the identity of all medical providers.  The trial court granted defendant’s request, ordering the victim to either sign a release enabling the parties to obtain the records, or noting that the court would issue a subpoena for the records.  The court’s order flies in the face of the victim’s state constitutional right to refuse discovery!  Fortunately, the violation was recognized immediately and pro bono counsel was found for this victim!  Now NCVLI is working with pro bono counsel to protect the victim’s rights to privacy, dignity and fair treatment!