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July 26, 2022

Minnesota Supreme Court Protects Sex Assault Victims’ Privacy Rights

The Minnesota Supreme Court recently reinforced the privacy rights of sexual abuse victims.  In In re Hope Coalition, the court held that a criminal defendant’s interest in obtaining the records of a sexual assault victim’s counselor for the purposes of developing his defense did not overcome a statutory protection in Minn. Stat. § 595.02, subd. 1(k), which “creates a privilege for sexual assault counselors.”   In sum, the court held that the statutory privacy protection “cannot be pierced in criminal proceedings without the victim’s consent.”  The statute did “not permit disclosure of privileged records in a criminal proceeding, even for in camera...
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