Donna Kelly: Sen. Todd Weiler’s SB 87 and SJR 6 will allow deposition of victims by defense attorneys, a change that will further traumatize those victims.
. In brief, the proposed changes contained in these two measures allow deposition of victims by defense attorneys, a change that will further traumatize victims.
This change comes without adequate protections for victims, such as the guaranteed presence of a court-appointed victim’s attorney or a judge during these depositions. Thus, victims may be ill-equipped to object to traumatizing, inappropriate and often illegal questioning, going against current efforts to ensure that trauma-informed protocols are used when interviewing victims.
These changes also assume that Utah withholds relevant and available evidence from defendants. In reality, prosecutors explicitly must disclose evidence as soon as practical after charges are filed without waiting for the preliminary hearing. Unlike civil cases where both sides must share evidence equally, current Rules of Criminal Proceeding only require the defense to provide a piece of evidence to the prosecution if there is good cause to do so and then only under a court order.
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