SIOUX FALLS, S.D. (KELO) — In 2016, Marsy’s Law passed by a majority of voters to give victims of crimes rights under the state constitution.
KELOLAND Investigates has already uncovered how the victims notification system is broken in some cases. Now, we are diving into a rape case that Marsy’s Law Advocates are calling an outrageous violation of the law’s intent.
We’ve had several victims contact KELOLAND News saying they aren’t getting adequate notification when it comes to an offenders court dates and release. However, that’s not the only issue involving Marsy’s Law.
We are concealing the identity of this woman, because she is a victim in a rape case. Sara says she has been re-victimized in the court system, after the defendant asked for all of her personal counseling and medical records and the judge agreed.
“When I’ve sat in court a few times listening, the judge has just kind of said that I surpassed my rights to privacy. So he let his lawyers have all my counseling records, medical records and things I didn’t want them to have,” the victim said.
This woman says she was forced to get an attorney to try to stop that from happening.
We investigate violations of Marsy’s Law, designed to protect victims, that are happening in South Dakota Monday night at 10 p.m.