Can Respondents/defense Access Rape Kit Results?
Location: Washington State/Tribal
I’m working in child welfare within a tribal jurisdiction, and the victim is a young child.
The criminal investigation is ongoing in a city where the crime occurred, meanwhile I’m petitioning for a protection order within the child’s tribal court which the child is a ward of. I’m requesting to file SANE Kit Exam results under seal to protect the child’s medical privacy, and because I feel it’s very unethical for the perpetrator to have access to any of the child’s medical information.
So generally does a respondent have the right to access that kind of evidence, in civil or criminal cases?
All the RCWs I’ve seen focus on addressing the kit testing backlog, not victims rights to privacy and rules for evidence. Our tribal code doesn’t necessarily cover these intricacies, but WA has done a lot to become interoperable with tribal jurisdictions. And ofc the decision would be up to our judge, but any legal code or case law about this would be helpful.
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