Can medical records be requested on the victim of a crime?
We all have heard of the false allegations, Duke Lacross, the foreign president accused of rape in N Y and then later dropped.
What can be asked for regarding the mental state or records of such accusers before trial?
Is that asking too much in these smaller cases when someone local is accuse of a crime with little or no evidence to support but yet may go to trial because the prosecutor has an obligation to at least follow through and support the allege victim?
Can and will the defense be successful in receiving the records of the victim if it is say a (non DV) crime where fear has to be proven and the state of mind of the victim needs exploring?
It doesn’t matter if the case concerns a crime of the century or not. All criminal defendants are afforded the same rights and protections no matter who they are. Depending on the facts of the case you should be able to get the victim’s medical records (though I’m skeptical that medical records for fear can or do exist). If you are being charged with a crime I suggest that you speak with a defense attorney as soon as possible. S/he would be in the best position to advise and guide you.
A defense attorney can always ask for records. That does not necessarily mean they will be turned over, but it can't hurt to ask. If it becomes clear that records are necessary to the defense, the attorney can seek a subpoena for production of those records. If production of medical records is disputed, the defense will likely have to show some particular relevance of the records to the case at hand. If they are potentially relevant, a judge should issue a subpoena for the records.
How are these records relevant to this case? Just a claim about the victim's "fear" probably won't be enough.
What does your lawyer say?
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