Rape and PrivacyWho’s Rights Come First?
... charges if she didn’t release her records she finally gave in. As a result of her past her attacker was convicted of attempted rape and assault, and battery, and a much lesser sentence than he would have received. I. Laws meant to prevent putting a rape victim ‘on trial’. a. Rape shield laws enacted over the last 3 decades were meant to stop the practice of dragging victims past relationships and sexual history into court. b. Doctor-patient confidentiality laws offer little protection against having counseling records searched because a defendant’s right to a fair trial often is more important than privacy regulations. II. Rape cases often come down to a battle over credibility. a. Defense attorneys often argue that they should have unrestricted access to counseling records because they are statements made by the witness and can help find any inconsistencies made in the victims statements. b. Counseling records are rarely subpoenaed in other criminal cases that lack physical evidence. III. The decision over whether to press charges is one many w...