Myth: The right to refuse other discovery requests will infringe on the defendants’ rights or ability to have a fair trial.

Fact: All evidence that is part of the criminal investigation would still be available to the defense, and this right simply allows a victim to deny requests for personal records or information that was not part of the criminal investigation. The right to refuse discovery requests allows, for example, a domestic abuse survivor to be free of harassment by her abuser seeking personal information not material to the case, like a diary or phone records revealing places the victim has called to seek safety. If the defense believes information is material to the case, the attorneys can ask a judge to compel the victim to provide the information – just like in Arizona, Oregon, and California, where similar provisions have been in place for many years.


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