NH Supreme Court Backs Victims' Mental Health Records in Landmark Decision

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

Read Full Article