In 2011 the Alaska Office of Victims’ Rights reached out to NCVLI for assistance in a sexual assault case where the victim’s privacy was in jeopardy.  The trial court had granted the defendant’s pretrial discovery motion ordering the victim to disclose sensitive, confidential, and privileged health care information, including possible mental health and substance abuse treatment records.

NCVLI entered as amicus to challenge the trial court’s decision and fight for the victim’s rights.  In our brief we argued that the court’s order violated numerous rights held by the victim including privacy and the rights to be treated with dignity, fairness, and respect; and that the information being requested simply wasn’t relevant to the case.  Not only do invasive discovery requests like this violate victims’ rights, but they may have a chilling effect on victims’ access to health care and to the courts – forcing victims to choose one or the other.

We’re happy to report a positive outcome!  In December of 2012 The Alaska Court of Appeals reversed the trial court’s order, blocking access to the victim’s private information.

Thank you to the Alaska Office of Victims’ Rights for representing the victim and to pro bono attorney Allen Bailey of the Law Offices of Allen M Bailey for serving as local counsel in filing our brief! It takes all of us working together to improve rights for victims all over the country.