OREGON CRIME VICTIMS LAW CENTER
  • DONATE
  • ABOUT
    • WHAT WE DO
    • STAFF AND BOARD
  • GET INVOLVED
    • DONATE
    • JOIN OUR TEAM
    • HARDY MYERS DINNER
    • CRIME VICTIMS' COMPENSATION
    • STAY INFORMED
    • REQUEST A TRAINING
    • CLE - Access to Justice Representing Victims Who Speak Out
    • CLE - Access to Justice for Children
    • CLE - Access to Justice for Undocumented Crime Victims
  • GET HELP
    • LEGAL REPRESENTATION
    • CRIME VICTIMS' RIGHTS
    • RESOURCES
  • PRESS
    • IN THE NEWS
    • NEWSLETTER
  • CONTACT US
  • ESCAPE THIS SITE
  • Blog

Domestic Violence Victim Spared from Disclosing her DHS and Mental Health Records

2/28/2012

 
A Multnomah County judge has granted the Oregon Crime Victims Law Center's motion to quash a subpoena that was seeking all of a domestic violence victim's Department of Human Services (DHS) records and mental health treatment records.

The defendant, who is accused of stabbing the victim, had sought an in camera review of any and all records that might be held by DHS relating to the victim, as well as any records of any kind of mental health treatment that the victim may have sought.  There was no time limitations on the defendant's request, and the defendant had no actual knowledge of whether the records actually existed.  At a lengthy hearing in front of Judge Eric Bergstrom, the defense argued that he was entitled to an in camera review of the the records because he was attempting to show that the victim had "history of violence."  

Oregon Crime Victims Law Center's Legal Director Rosemary Brewer argued that DHS and mental health records are privileged, and as such, require a showing that there is information in the records that is likely to be material, favorable to the defendant, and admissible as evidence.  Referring to Brewer's citing of Kahn v. Pony Express Courier Corp., 173 Or App 127 (2001), the Court denied the defendant's motion for an in camera review and granted the motion to quash on the grounds that DHS records are in fact privileged, as are mental health treatment records, and the defendant did not reach the necessary standard for review.  

The case was referred to the Oregon Crime Victims Law Center by a victim advocate in the Multnomah County District Attorney's Office. 

Yamhill County Crime Victim's School and Medical Records Protected

2/8/2012

 
A judge in Yamhill County has limited the release of a sexual assault victim's records after a hearing in which the Oregon Crime Victims Law Center represented the interests of the victim.

The defendant in the case had sought to have the trial judge review all of the victim's medical, mental health, and school records for potential release to him.  The Oregon Crime Victims Law Center opposed the release on the grounds that the request violated the victim's constitutional right to privacy and the doctor-patient and psychotherapist-patient privilege, and that the defendant had not shown that there was material in the records that would be favorable and material to his defense so as to overcome that privilege. 

Legal Director Rosemary Brewer filed a motion asking the court to withhold the records from the defendant.

At a hearing on February 7, Judge John L. Collins held that the Oregon Crime Victims Law Center's motion was granted in part, strictly limiting the records that were released to the defendant.  None of the victim's school or medical records were released, and only very limited portions of the victim's therapy records were released.

The victim learned of the Oregon Crime Victims Law Center through the victim advocates of the Yamhill County District Attorney's Office.


    What's New
    at OCVLC

    Archives

    February 2023
    October 2022
    August 2022
    June 2022
    March 2022
    October 2021
    September 2021
    April 2021
    January 2021
    September 2020
    April 2020
    January 2020
    October 2019
    June 2019
    April 2019
    January 2019
    October 2018
    August 2018
    May 2018
    April 2018
    January 2018
    October 2017
    September 2017
    May 2017
    November 2016
    August 2016
    May 2016
    April 2016
    February 2016
    January 2016
    April 2015
    January 2015
    October 2014
    July 2014
    February 2014
    January 2014
    December 2013
    November 2013
    October 2013
    July 2013
    April 2013
    February 2013
    November 2012
    October 2012
    September 2012
    August 2012
    July 2012
    June 2012
    May 2012
    April 2012
    March 2012
    February 2012
    January 2012
    December 2011
    November 2011
    October 2011
    September 2011

    Categories

    All

    RSS Feed

Support Us 

No donation amount is too small or big. You can make a tax-deductible contribution by clicking the link below. 

DONATE

Contact Us

OCVLC 
7412 SW Beaverton-Hillsdale Hwy., 
Suite 209 
Portland, OR  97225
503-208-8160 

Stay in Touch 

    Join our Mailing List 

SUBSCRIBE
  • DONATE
  • ABOUT
    • WHAT WE DO
    • STAFF AND BOARD
  • GET INVOLVED
    • DONATE
    • JOIN OUR TEAM
    • HARDY MYERS DINNER
    • CRIME VICTIMS' COMPENSATION
    • STAY INFORMED
    • REQUEST A TRAINING
    • CLE - Access to Justice Representing Victims Who Speak Out
    • CLE - Access to Justice for Children
    • CLE - Access to Justice for Undocumented Crime Victims
  • GET HELP
    • LEGAL REPRESENTATION
    • CRIME VICTIMS' RIGHTS
    • RESOURCES
  • PRESS
    • IN THE NEWS
    • NEWSLETTER
  • CONTACT US
  • ESCAPE THIS SITE
  • Blog