Alleged Sexual Assault Victims & Getting Those Critical Mental Health Records

The  Navy appellate court recently issued a favorable defense ruling in United States v. DWB, 74 MJ 630 (2015) in which the court upheld the military judge’s decision to prevent an alleged victim from putting on mental health testimony regarding Eye Movement Desensitization and Reprocessing (EMDR) procedures.  Military Defense Lawyers now have a great case to rely upon to pierce the MRE 513 privilege so long as one can reasonably show that the complaining witness underwent EMDR related treatments to assist in memory recall.


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