Sex Crimes Just Got Harder to Defend Against with Supreme Court Ruling on Counselor Records
Sex crime charges here in Minnesota are without question some of the hardest criminal charges to defend against. This is nothing new. The Supreme Court just made it even harder by essentially making it impossible to look at the complaining person’s sexual assault counselor records. If you are facing sexual charges in Minnesota like rape, date rape, child molestation, and any other criminal sexual conduct charge, you should consult with a Minnesota Board Certified Criminal Law Specialist and Criminal Defense Attorney.
“The reason for looking at counselor records was to get “notes, memoranda, records, reports, or any documentation” from a counselor that could help the defense. The Supreme Court has stopped this.”
While this information was never easy to get, the Court generally required something called in camera view. This meant the trial court judge looked at it to determine which was protected and what was relevant and what should be disclosed. Now, even that relevant information is no longer available to the Defense. You combine this with what Rape Shield denies to the Defense and it can be extraordinarily challenging to walk into a jury trial with little access to the person’s past behavior and even past allegations.
The Supreme Court articulated it this way, “failure to ensure victim privacy and confidentiality could therefore result in a chilling effect on the willingness of victims to seek support.” They actually took it a step further and removed it from the hands of the trial court. “Even ‘in camera’ review of sexual-assault-counselor records intrudes upon the victim’s privacy and harms the vital confidentiality between the victim and counselor.” The Court didn’t bother to reference the impact upon the accused.
“As the Court places more hurdles before a Defendant, this makes the power of cross examination at trial ever more important.”
Because the Court has hamstrung people charged with serious sex crime charges like rape, date rape, child molestation and more, it is absolutely critical that your Minnesota sex crime lawyer take advantage of every opportunity to defend your rights. This starts with a top notch investigator and goes from there. In addition, your attorney should have experience with these kinds of trials and knows how to cross examine sane nurses, forensic examiners, Minnesota Bureau of Criminal Apprehension technicians and more. Even more, they better know how to cross examine witnesses, especially the person claiming the assault.
Being a Minnesota Sex Crime Attorney is not for the faint of heart. It is tough, challenging, emotional and sometimes brutal. However, it is nothing compared to being charged with the crime itself. Your lawyer should always remember that too.
Jack Rice is a Board Certified Criminal Law Specialist. Less than 3% of all criminal defense attorneys in Minnesota carry this designation. In addition, Jack is a former prosecutor and former CIA Officer. Contact Jack Rice Defense for a free confidential consultation or call 651-447-7650 or 612-227-1339.