Yamhill County Crime Victim's School and Medical Records Protected

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.