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Privacy Protections Afforded to the Counseling Records of Crime Victims, Part III  


Author:  Roslyn  Myers, J.D..


Source: Volume 07, Number 06, October/November 2006 , pp.86-88(3)




Sex Offender Law Report

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Abstract: 

This is the third of a multipart article examining the application— and erosion—of privacy protections afforded to the counseling records of crime victims. The first part described the backdrop of recent infringements of individual privacy rights, which have been widening in recent years, apparently not, as one might expect, as a result of the general erosion of individual rights due to the threat of terrorism, but rather under the convenient pretext of zealous legal advocacy. No recent nationally reported case has been more offensive in its willingness to disregard the newly (relatively) acquired rights of crime victimsthan the Kobe Bryant case, which was the launch point for part I of this article. The second installment explained the machinations of the privilege that covers the counseling records of crime victims, what material is privileged, and under what conditions. This final installment enumerates the exceptions to privilege, the procedures for revoking the privilege, and the reasons why privileged material might still be admissible. It concludes with an argument for an absolute privacy privilege for the counseling records of crime victims.

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