Regulating access to the therapeutic records of sexual assault complainants : an analysis and critique of current New Zealand procedure
Longdill, Anna
Regulating access to the therapeutic records of sexual assault complainants : an analysis and critique of current New Zealand procedure Longdill, Anna - Auckland Auckland University Law Students' Society 2002
Auckland University Law Review 9(3) 2002 : 764-805
This article examines both substantive and procedural problems in the New Zealand law when defence counsel access the therapeutic counselling records of women who have been sexually assaulted. This is done in the hope that the records contain exculpatory information that may be brought out in cross-examination. The author suggests that defence counsel in New Zealand have been following this practice as occurs overseas. At stake here is the complainant's right to privacy and the accused's right to a fair trial. The article assesses the current New Zealand procedure for accessing counselling records held by third parties, and highlights the deficiencies of this procedure from the perspectives of the accused, the complainant, the record holder, and the justice system. It presents legislative initiatives of New South Wales and Canada, and suggests recommendations for a New Zealand procedural solution. The author argues that procedural issues need to be identified and resolved before a substantive solution is considered.
nz
0067-0510
COUNSELLING
MEDICAL RECORDS
PROCESS MANAGEMENT
LAW
SEXUAL VIOLENCE
NEW ZEALAND
Regulating access to the therapeutic records of sexual assault complainants : an analysis and critique of current New Zealand procedure Longdill, Anna - Auckland Auckland University Law Students' Society 2002
Auckland University Law Review 9(3) 2002 : 764-805
This article examines both substantive and procedural problems in the New Zealand law when defence counsel access the therapeutic counselling records of women who have been sexually assaulted. This is done in the hope that the records contain exculpatory information that may be brought out in cross-examination. The author suggests that defence counsel in New Zealand have been following this practice as occurs overseas. At stake here is the complainant's right to privacy and the accused's right to a fair trial. The article assesses the current New Zealand procedure for accessing counselling records held by third parties, and highlights the deficiencies of this procedure from the perspectives of the accused, the complainant, the record holder, and the justice system. It presents legislative initiatives of New South Wales and Canada, and suggests recommendations for a New Zealand procedural solution. The author argues that procedural issues need to be identified and resolved before a substantive solution is considered.
nz
0067-0510
COUNSELLING
MEDICAL RECORDS
PROCESS MANAGEMENT
LAW
SEXUAL VIOLENCE
NEW ZEALAND