Decision threatens crime victim privacy

A recent Iowa Supreme Court Decision, (Stave v. Cashen, No. 07-2109, July 2), sent shudders throughout the victim rights community. The Court has delivered another weapon of intimidation that can be used against a crime victim - the threat that any and all private medical information, including mental health records, could be obtained by the defense and used against the victim.

While the court purports to balance the victim's rights of privacy with defendant's right to present a defense, the balance no longer exists. Justice Cady in dissent states, correctly we think, “If victims of domestic violence must suffer the embarrassing and debilitating loss of their physician-patient privilege once they become a witness in a criminal domestic abuse prosecution, a chilling effect will be cast over the reporting of domestic abuse ... . The only way victims of domestic abuse with a history of counseling will be able to ensure the confidentiality of their private counseling records is to not report domestic abuse. The law should be able to do better.”

We could not have said it better. It is a hard and brave thing to report domestic abuse, even more with this decision, but interested groups and individuals are starting to work together on ways to challenge this decision by appeals or legislation or both. The Attorney General's office on July 16 filed for a rehearing. The last word has not been said and the issue is not resolved.

Karl Schilling

President

Iowa Organization for Victim Assistance