In a case in Columbia County, a defendant had filed subpoenas for a victim's school, counseling and medical records. Again the OCVLC responded on behalf of the victim, challenging the subpoenas on the grounds that they were overbroad, immaterial, and nothing more than a "fishing expedition" on the part of the defendant. The Court agreed, and quashed all of the subpoenas.
The OCVLC also stepped in on behalf of a victim in Jackson County. In that case the defense was seeking the counseling records of a minor victim. Again the OCVLC filed a motion to quash the subpoena, arguing that the defendant had not made a sufficient showing that the records were material and favorable to the defense, as required. The Court agreed with the legal argument put forth by the Center and granted the Motion to Quash.
Protecting the right to privacy is critical to preventing re-traumatizing a victim who has already suffered harm, and the OCVLC will continue to fight for victims' protection from invasive discovery requests.