Q: My child was sexually abused, and the perp has been sentenced. Now I want copies of the evidence, court records, but how
She was 11 at the time reported, and the ADA told me I could view/copy the case file when the offended was sentenced. It’s over now and I emailed the ADA about wanting copies of the case (never heard back) including the forensic interview of my daughter. I feel like I as her mom have rights to that info but I don’t know what laws back me up.
A:
As the parent of the victim, I would suggest you start by talking to the District Attorney, the supervisor of the ADA, or even the victim witness coordinator at the DA's office. Some of the types of documents you identify are difficult for the public to gain access to - especially if the case did not go to trial or the items were not introduced into evidence at a trial - because of the State's interest in protecting the privacy of the victim . As a parent of the victim, however, you are more likely than anyone to be able to get your hands on them.
Do keep in mind that a prosecutor assigned to a case is often focused solely on prosecuting the case and not on the the policy of the office or police in releasing records at the close of the case. I do believe you are entitled to most of the records, but there may be some of which they will not release. If they will not communicate with you and you need assistance, an attorney can assist you. Let me know if you need any assistance.
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