Hello Friends,
Robert Capovilla here from Shewmaker & Shewmaker. Today we discuss the United States Army Court of Criminal Appeals (ACCA) decision in U.S. v. Rodriguez, ARMY 20180138 (unpublished). Rodriguez was an abusive sexual contact and rape case from Joint-Base Lewis-McChord.
In this controversial decision, ACCA, somewhat surprisingly, ruled that mental health diagnosis, prescribed medications, and other treatments are not covered by Military Rule of Evidence (MRE) 513. We AGREE!
MRE 513 was promulgated by the President to protect confidential communications made between a patient and a psychotherapist if “such communication was made for the purpose of facilitating diagnosis or treatment of the patient’s mental or emotional condition.” Rodriguez — ARMY 20180138.
The rule was never designed to protect actual diagnosis, treatment, or prescriptions which exist independently of any privileged communications. In other words, the rule is intended to protect communications made to facilitate diagnosis and treatment, not including diagnosis or treatment.
ACCA correctly pointed out that a prescription, by its very nature, is intended to be disclosed to a non-psychotherapist third party — a pharmacist.
This ruling will most certainly be tested in military court rooms all over the country, but, right now, ACCA’s decision serves as major victory in the fight to ensure that all Soldiers accused of a crime get a fair trial.
If you or someone you love is accused of sexual assault in the military, contact us today. We can help.
As always, keep up the fire!