Fox v. State, decided yesterday by the Missouri Supreme Court, in a unanimous opinion written by Judge Mary Russell, holds unconstitutional the following Missouri statute (enacted in 2020):
Before commencing an interview of a survivor [of sexual assault], a law enforcement officer, prosecuting attorney, or defense attorney shall inform the survivor of the following:
(a) The survivor's rights pursuant to this section and other rules and regulations …, which shall be signed by the survivor of sexual assault to confirm receipt;
(b) The survivor's right to consult with an employee or volunteer of a rape crisis center during any [such] interview … to be summoned by the interviewer before the commencement of the interview, unless no [such] employee or volunteer … can be summoned in a reasonably timely manner; [and]
(c) The survivor's right to have a support person of the survivor's choosing present during any [such] interview …, unless the [interviewer] … determines in his or her good faith professional judgment that the presence of that individual would be detrimental to the purpose of the interview ….
Here's the heart of the court's First Amendment analysis:
