In Sex Crimes Cases in Minnesota, Can a Defendant Compel Physical and Mental Exams?
When facing serious sex crimes charges in Minnesota, it can be frustrating for a Defendant when somebody makes a horrendous claim against them and the Defendant knows almost nothing about the person making the claim other than rumors and innuendo. Are the injuries impossible? Are they faking it? Is the person unbalanced? Are they crazy? If you are facing serious criminal sexual conduct charges in Minnesota, make sure that you sit down with a Board Certified Criminal Law Specialist and Criminal Defense Attorney to understand your rights.
In the past, this has lead Defendants to try to get the Court to compel an accuser, known frequently as a complaining witness, to submit to independent pretrial physical and mental examinations as part of the discovery process. Unfortunately, the response from the Court has often not been encouraging.
There may be ways to get the Court to consider ordering confidential information like previous medical exams, psychiatric and even social service records. However, this can be extraordinarily challenging in its own right. And yet, there are other areas where the Court has simply refused to compel pretrial physical and mental exams or depositions of the accuser.
Pretrial Examination of a Complaining Witnesses: Can I Demand my Accuser Sit for an Examination?
Psychological exams: There is no express standard for the Court to determine when to order what is called an adverse psychological examination or independent exam of an accuser. Courts are frequently unwilling to order one even in circumstances where an accuser has known diagnosed mental health issues. Discretion remains exclusively with the Court and the Court has regularly rejected requests for psych exams of the accuser even when allegations arose out of custody disputes, during suggestive interviews from SANE nurses or even complaining witness recantation.
Physical exams: The Courts have created a bright line when it comes to physical exams and specifically gynecological exams. Again, these are exams independent of any previously obtained by the police. The Court has made it clear that a Defendant does not have the right to compel such an exam. Frequently, there may be opportunities to re-test clothing or blankets and other materials but the complaining witness themselves has been rejected by the Courts again and again and again.
Depositions: Under the Minnesota Rules of Criminal Procedure, the deposing of a witness in a criminal case is generally not allowed. In fact, the Court sometimes has the ability to stay discovery demands in companion civil cases that overlap with criminal cases to stop the Defense from using those civil cases as an opportunity to depose a complaining witness. The general logic behind the Rule is to allegedly prevent a Defendant from intimidating and harassing an accuser or other witness. That being said, while depositions are out of bounds, there are occasionally other civil hearings that may be helpful.
"The Courts in Minnesota have set up a whole series of roadblocks to limit information that may help a Defendant defend themselves in a criminal sexual conduct case. However, knowing how to get it and use it may be critical to your success.”
If you are facing serious criminal charges, especially, criminal sexual conduct charges, your case can be extraordinarily complex. Part of the reason has to do limit many of the protections the court puts in place to “protect the victim.” Of course, this begs the question, what victim if there is such a thing as the presumption of innocence? However, this highlights the need to have an experienced Minnesota Criminal Defense Attorney at your side.
Jack Rice is a Board Certified Criminal Law Specialist, former prosecutor and former U.S. Federal Officer. He is also the Founder of Jack Rice Defense, a boutique criminal defense firm located in St. Paul, Minnesota. Contact Jack Rice Defense for a free confidential consultation or call 651-447-7650 or 612-227-1339.