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When a Fair Trial Isn’t: Violations of Victims’ Privacy in the Legal System

The Dwyer protocol is meant to protect a defendant’s constitutional right to a fair trial by allowing him or her to uncover exculpatory evidence that could impeach a victim’s credibility—such as a victim’s therapy or medical records.

The Dwyer protocol is meant to protect a defendant’s constitutional right to a fair trial by allowing him or her to uncover exculpatory evidence that could impeach a victim’s credibility—such as a victim’s therapy or medical records. The result is that perpetrators get their privacy, while survivors are often robbed of theirs.

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