Should Bryant Get Alleged Victim’s Medical Files?

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http://www.insidedenver.com/drmn/local/article/0,1299,DRMN_15_2229238,00.html

Attorneys for basketball star Kobe Bryant want medical records on his alleged victim’s emergency visit to a Greeley hospital this year. The North Colorado Medical Center and North Colorado PsychCare/Family Recovery Center hopes to quash defense subpoenas for its records of the 19-year-old woman’s treatment there Feb. 25, the Rocky Mountain News reports.

Jill McFadden of the Colorado Coalition Against Sexual Assault said, “This isn’t uncommon, that we see defense attorneys go forward in trying to get any information they can which can discredit an accuser or a witness. We don’t scrutinize the victims of other crimes the way we do in sexual assault cases.”

Bryant, 25, is free on $25,000 bond pending an Oct. 9 preliminary hearing in Eagle, Colo., on a class-three felony charge of forced sexual assault. His alleged victim charges that she she was raped after accepting an invitation June 30 to Bryant’s room at a lodge and spa where she worked. Bryant says contact was consensual.

The woman reportedly wants to invoke her right to privacy and had not authorized disclosure of her records to anyone, including the judge. Federal rules permit disclosure of a patient’s records without the patient’s permission in response to a formal court order.

Peter Weir of the Colorado District Attorneys Council said that in general, a rape victim’s prior medical records would likely be admitted only if they held the potential of being relevant to the issue of consent.

Link: http://www.insidedenver.com/drmn/local/article/0,1299,DRMN_15_2229238,00.html

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