The Tennessee Supreme Court will consider the public release of records from the Vanderbilt rape trial. The civil dispute, which is separate from the criminal case, is expected to set a precedent for how the state handles a victim’s right to privacy.
The Tennessean along with other media groups wants access to sealed evidence collected during the investigation of the campus sexual assault involving four former Vanderbilt football players. The news outlets say they’re interested in seeing text messages between coaches and players.
Metro government’s attorney, Lora Fox, said police officers need to protect evidence during an investigation.
“In the Tennessean’s interpretation, as soon as it comes into the police’s hands, it’s become a public record,” Fox said. “Well that’s a pretty neat trick. They’ve just got 1,200 new reporters for them gathering evidence 24 hours a day.”
Victims rights groups are siding with the government. Their attorneys say releasing records could be embarrassing for victims.
However, Chief Justice Sharon Lee raised the question of just how far protection of a victim can go.
“I would almost have to say, well, she shouldn’t have to go through a public trial, she shouldn’t have to be cross-examined. So when does it stop?” she said.
Several national First Amendment groups have filed briefs supporting the Tennessean. A decision is expected by the fall.
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