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The New Hampshire Coalition Against Domestic and Sexual Violence says the ruling is a win, as mental health records are often used against victims of assault.
“It's very difficult to report a violent, intimate crime and then be in a public courtroom talking about it,” Lyn Schollett, executive director of the Coalition, said. “So for the victim to know that they can then go and speak with their therapist or speak with their advocate and have those conversations be protected is vitally important.” Lyn Schollett spoke with NHPR Morning Edition host Rick Ganley about how mental health records have previously been used in domestic and sexual violence cases, and shared her perspective on how the Supreme Court decision could affect future cases. NHPR May 7, 2025 Lyn Schollett, executive director of the New Hampshire Coalition Against Domestic and Sexual Violence, said the ruling will help to address long-standing problems where defendants use irrelevant personal information to embarrass and intimidate victims. The ruling is such a big victory for survivors that she burst into tears when she first read it, she said.
“This is a groundbreaking decision for victims of trauma, in particular,” Schollett said. “It’s a groundbreaking decision for anyone who seeks help and support from a mental health provider or from a domestic and sexual violence crisis center.” As a result, advocates with the New Hampshire Coalition hope more survivors will have the confidence they need to seek help for themselves and accountability for those who abused them. Hilary H. Rheaume, an attorney who signed a friend-of-the-court brief on behalf of the New Hampshire Coalition, said requiring that victims receive a heads-up and an opportunity to object “will change the way things are done in the courtroom.” Boston Globe May 1, 2025 For the first time, the state’s highest court applied the right of privacy to a criminal case to restrict the defendant’s access to the alleged victim’s confidential counseling and mental health records
Even with protections in place previously, criminal defendants have used such records to “intimidate and embarrass victims — and to deter them from disclosing abuse, reporting crimes and seeking justice,” according to the New Hampshire Coalition Against Domestic and Sexual Violence. Coalition Executive Director Lyn Schollett said assault victims can now slowly rebuild their lives with the privacy they deserve. “The outrageous practice of accessing victims’ irrelevant, personal information ends today,” she said in a statement. “Granite Staters who have experienced violent crimes and heinous losses can walk into the office of a crisis center or a therapist without fear that their conversations will become public.” Union Leader May 1, 2025 |
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