09E

E. Sexual assault issues

E. Sexual assault issues

Overview

Alaska

Sexual assault victims are automatically protected under rule 50(e)(1) from being “photographed, filmed, videotapes or sketched without the consent of the court and victim.” However, the rule only restricts those specific actions. In accordance with section (a) of the rule, proceedings are presumptively open. The courts have not specifically addressed media access to witnesses.

E. Sexual assault issues

Overview

New Mexico

In New Mexico, sex crime trials are common examples of proper uses of discretion by the trial judge in barring the public from the courtroom. State v. Padilla, 91 N.M. 800, 581 P.2d 1295 (Ct. App. 1978); but see Does v. Roman Catholic Church, 122 N.M. 307, 942 P.2d 273 (Ct. App. 1996) (holding that the district court had authority to permit disclosure of the archbishops deposition testimony in a sexual abuse case to media parties when the archbishop and the archdiocese failed to show good cause to continue the protective order).

E. Sexual assault issues

Overview

West Virginia

E. Sexual assault issues

Overview

Alabama

In Ex parte Judd, the court adopted the Waller test for determining when a courtroom can be closed without violating a defendant's constitutional right to a public trial in cases of rape or assault with intent to ravish. Ex parte Judd, 694 So. 2d 1294, 1295 (Ala. 1997). The test for courtroom closure requires: