Sexual assault survivors' medical records exposed in court trials
In Australian courts, victim-survivors say their medical records are often shared with defence lawyers. Those records are then used to undermine their testimony.
Serene spent four years seeking justice. She accused a massage therapist of raping her when she was 21.
Three weeks before trial, she learned something startling. Defence lawyers had got over 500 pages of her hospital records.
This included notes from her psychologist and psychiatrist. Serene's medical records were then used in court to weaken her case.
The trial ended with a not-guilty verdict. In Queensland, defence and prosecution teams must ask the court for permission to access health records.
Victims have the right to fight the disclosure. But Serene's prosecutors failed to step in before her files were shared.
Criminologist Silke Meyer from Griffith University says many victims don't know. Their medical records can be ordered by the court.
Justice reform advocate Sarah Rosenberg faced the same issue in her 2022 case. She says defence teams use out-of-context records just to scare victims from testifying.
She believes independent legal help for victims is the key reform needed.
Why it mattersUsing private medical files as a weapon discourages victims from reporting. It also discourages them from pursuing justice. This case shows the system needs urgent reform.
AustraliaAustralian courts routinely expose assault survivors' medical records in defence strategy, creating a barrier to justice and discouraging reporting across the country.
Corroborated bytheage.com.au·watoday.com.au
✓ Claims checked against the source and corrected before publish. checked 2 h ago
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