Photo: Studio_East/ Adobe Stock Heed High Court's Newest Balancing Test
We hope and trust that the balancing test adopted in 'State v. Ramirez' protects the rights and privacy of sexual assault victims without interference with the fair trial rights of a defendant charged with sexual assault.
December 30, 2022 at 11:00 AM
5 minute read
In supplying pretrial discovery in State v Ramirez, __NJ__ (Nov. 21, 2022), involving a sexual assault occurring in a cemetery into which the victim was "dragged" on her way home from work, the prosecutor redacted the victim's address and moved for a protective order. The prosecutor certified that the victim did not want her address to be provided as she was in fear of being located, and that she did not want to speak to the defense in advance of trial. The defendant argued that Rule 3:13–3(b) required production of that information and that the background information was necessary to prepare his defense. The motion judge ordered the address to be disclosed to counsel but not to the defendant himself.
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