On February 1, 2016, the Army Court of Criminal Appeals released an opinion in the case of United States v. Ducksworth[1], No 201507690. In the Ducksworth case, the alleged victim requested that the appellate court set aside the military judge’s ruling and to declare her mental health records, which had been the subject of the ruling, to be inadmissible at trial. In the underlying case, the accused, Sergeant Ducksworth, was charged with allegedly committing sexual offenses against two victims. In September 2015, the military judge ordered the government to produce all of the victim’s records maintained by the Alaska Office of Child Services as well as two civilian mental health providers. Those records were ordered to be produced although the alleged victim had not been afforded […]
