Commonwealth v. Rape Crisis Program of Worcester, Inc.

In August, 1992, Edward H. Schultz was charged with forcible rape of a child under the age of sixteen. G. L.-c. 265, § 22A (1992 ed.). It appears that the victim sought counselling services at the Rape Crisis Program of Worcester, Inc. (center), though the judge did not so find. Schultz subsequently sought through discovery the alleged victim’s rape crisis counselling records in the center’s custody.

By order dated September 18, and amended November 6, the judge in the District Court allowed the request to compel production of any such records. The order, with a subpoena, was then served on…