Matter of Pittsburgh Action Against Rape

428 A.2d 126, 494 Pa. 15, 1981 Pa. LEXIS 595
CourtSupreme Court of Pennsylvania
DecidedJanuary 23, 1981
Docket211 W.D.Misc. Docket 1980
StatusPublished
Cited by84 cases

This text of 428 A.2d 126 (Matter of Pittsburgh Action Against Rape) is published on Counsel Stack Legal Research, covering Supreme Court of Pennsylvania primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
Matter of Pittsburgh Action Against Rape, 428 A.2d 126, 494 Pa. 15, 1981 Pa. LEXIS 595 (Pa. 1981).

Opinions

[19]*19OPINION OF THE COURT

ROBERTS, Justice.

Appellant Anne Pride is the director of the Pittsburgh-based “rape crisis center” known as Pittsburgh Action Against Rape (PAAR). She appeals from an order of the Criminal Division of the Court of Common Pleas of Allegheny County holding her in contempt of court for refusing to comply with a court order authorizing counsel for a defendant accused of rape to inspect that portion of a PAAR file which is purportedly a statement of the complaining witness.

At issue is the extent to which a court presiding over a rape trial may authorize counsel for the accused seeking to impeach the credibility of the complainant to inspect a rape crisis center file containing communications between the complainant and rape crisis center personnel. Appellant asks this Court to expand the common law of this Commonwealth to create an absolute privilege for all communications between PAAR personnel and persons seeking PAAR’s assistance. Although we recognize the important societal interest in promoting such communications, we also recognize the compelling societal interest in the truth-seeking function of our system of criminal justice. In harmony with both the societal interest in promoting PAAR communications and the societal interest in the truth-seeking function of our criminal justice system, and consistent with the views of amicus Greater Pittsburgh Chapter of the American Civil Liberties Union and amicus Women Organized Against Rape, we hold that upon defense request a court should authorize defense inspection of only those statements of the complainant contained in the file which bear on the facts of the alleged offense. The court, however, must not permit defense inspection of statements of the complainant having no bearing on the facts of the alleged offense and relating instead only to the counselling services PAAR provides. The trial court shall not permit defense review of any other aspect of the file.

[20]*20We remand to the trial court for proceedings consistent with this opinion.

I. PAAR

PAAR is a private, non-profit corporation formed in 1974 which provides counselling to victims of rape and other forms of sexual assault. PAAR also provides educational programs. PAAR is one of twenty-seven such centers throughout this Commonwealth and, in appellant’s estimation, “one of hundreds throughout the United States.” Brief for Appellant at 6.

PAAR is funded, in part, by the federal Law Enforcement Assistance Administration (LEAA). LEAA funds permit a staff of five. In addition, about seventy volunteers maintain a twenty-four hour telephone line for what are termed “crisis calls.” Appellant states that

“[t]he volunteers are extensively trained in rape-crisis counseling. They listen, offer support to those who call regardless of when crime occurred, and aid in providing the needed physical, psychological and social help.”

Id.

According to appellant; once PAAR is contacted concerning a sexual assault, a PAAR staff member typically fills out a one-page intake form called an “Initial Report Form.” See Appendix. Included in the Form are twelve sections addressing specific topics. The staff member identifies the following:

(1) Type of Assault
(2) Race and Sex of Victim
(3) Time Between Assault and PAAR Contact
(4) Neighborhood or Location of Assault
(5) Does Victim Know Actor?
(6) Age of Victim
(7) Approximate Length of Call
(8) Did Victim Receive Medical Care?
(9) Did Victim Report to Police?
[21]*21(10) If Reported to Police, What is Disposition?
(11) What Services Did Victim Call For
(12) Caller Was

Appellant provides no other details concerning the contents of a typical client file. She states, however, that the Initial Report Forms

“are not for the purpose of obtaining the victim’s statement in the legal sense. Attention is placed on the condition of the victim, both physically and psychologically. Also, the counselor inquires of the treatment the victim has received from various individuals and agencies that she or he has encountered in dealing with her/his crisis legally or medically. The information is used to ascertain the victim’s medical and psychological needs and to monitor the various institutional systems that the victim may encounter. In most cases, if not all, the forms are filled in after talking with the client to avoid the atmosphere of direct questioning.”

Brief for Appellant at 24.

II. Criminal Proceeding

The contempt citation at issue stems from the case of Commonwealth of Pennsylvania v. Keith Glover, No. CC8002479. The accused is charged with rape, involuntary deviate sexual intercourse, indecent assault, simple assault, and terroristic threats for allegedly forcing the complainant, Mary Jane Weiss, to engage in sexual intercourse, including intercourse per os, at the complainant’s apartment.

Trial commenced on July 10, 1980. At trial, the complainant testified that the accused, a chemistry classmate, entered her apartment on the understanding that she would help him with some chemistry problems. According to the complainant, upon completion of the problems the accused attacked her. On cross-examination, the accused sought to develop a theory of consent.

On both direct and cross-examination, the complainant testified that following the alleged attack she spoke with [22]*22PAAR personnel. In the presence of the jury, the accused sought to probe whether the victim had been “coached” by PAAR. The trial court sustained the Commonwealth’s objection to such an inquiry in the jury’s presence. The court, however, permitted the accused to proceed outside the presence of the jury.

During this proceeding, the court questioned Christine Corbett, who had been named by the complainant as a PAAR volunteer with whom she spoke. Corbett made no mention of the “Initial Report Form.” Instead, she testified that, as a result of her discussion with the complainant, she filed a “medical advocacy report.” Corbett described the report only as

“a statement as to what time I was called, what the circumstances were of the rape as related by the victim, and what is to happen with the case . . . . ”

The following colloquy ensued between the court and Corbett:

“Q [By the Court]. So it is ... a matter of routine an advocate for [PAAR] files a written report with [PAAR] setting forth facts which are told to that advocate by the alleged victim of the crime?
A [By Corbett]. A brief summary of it. If the victim does not always — we don’t go in and ask for them to tell us what happened. If the victim volunteers information as to the occurrences during the rape, those will in outline form be on the form itself.”

The court, however, did not inquire into what information, if any, complainant Weiss “volunteered.”

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Bluebook (online)
428 A.2d 126, 494 Pa. 15, 1981 Pa. LEXIS 595, Counsel Stack Legal Research, https://law.counselstack.com/opinion/matter-of-pittsburgh-action-against-rape-pa-1981.