Today the Utah Supreme Court handed down an important victory for crime victims, holding that crime victims can become "limited-purpose parties" in criminal prosecutions when their rights are at issue. The Court ruled that a child sexual assault victim was entitled to be heard regarding any release of her confidential mental health counseling records to a criminal defendant. The decision is an important one for crime victims' rights here in Utah and even nationally, as it recognizes that crime victims can formally intervene in criminal cases to protect their interests.
The case involves defendant David M. Chadwick, who was charged with sexually abusing F.L. when she was a child. Chadwick requested that the trial court conduct an in camera review of F.L.'s therapy records and release certain information arguably relevant to his defense. The trial court granted Chadwick's request and conducted the review, after which it issued several orders quoting relevant excerpts from the records. The trial court then sealed the remaining records. Chadwick proceeded to trial and was convicted of sexual abusing F.L. while she was a child.
Chadwick then appealed to the court of appeals and challenged the adequacy of the trial court's in camera review. On its own motion, the court of appeals unsealed F.L.'s counseling records, allowing Chadwick's attorney to use those records in his opening appellate brief. In response, F.L. filed a motion asking the court of appeals to reseal her records and strike all references to the confidential materials in Chadwick's brief. The court granted F.L.'s request, instructing Chadwick to file a revised brief without references to the records.
