Court Guidance Allows Defense Access to Rape Victims' Counseling Records

4.2.12 WC: 191694 “Because victims of sexual crimes are likely to suffer a ‘depth and range of emotion and psychological disturbance. ..not felt by the victims felt by most other crimes’ we remind lawyers and judges that the mere fact that such victims sought counseling may not be used for impeachment purposes.” Notwithstanding this warning, it seems quite likely that at least some rape victims would decline to press charges if they knew that their treatment records could be rummaged through by defense lawyers eager to discredit them. The feminist lawyer, who successfully argued the appeal, had mixed feelings about the results, acknowledging that she “had hurt the cause,” and that her victory for her client was “a step back for women.” But she understood that her responsibility in this case was to this defendant, rather than to future rape victims who she cared deeply about but who were not her clients. She did her job, and she did it well. This is another example of the “no free lunch” doctrine, in which doubts were resolved in favor of defendants and against the victims of rape. 259 HOUSE_OVERSIGHT_017346