The Oregon Crime Victims Law Center (OCVLC) has successfully prevented the release of victims' private records in several cases recently, helping victims protect their privacy and assert their rights. First, in Klamath County, a defendant filed a subpoena for a number of a juvenile victim's records, including school and counseling records. The OCVLC challenged the subpoena on behalf of the victim, arguing that the subpoena was overbroad, the records were privileged and the defendant had no constitutional or statutory right to the records. The judge, following a hearing on the matter, agreed to do an in camera review of some of the counseling records and quashed the subpoena for the majority of the records.
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.
Comments are closed.