Israels

In this case we hold a crime victim has a cause of action for invasion of her constitutional right to privacy against a defense attorney who, without authorization, reads and disseminates the victim’s confidential mental health records.

Facts and Proceedings Below

The following facts are taken from the complaint and the transcript of defendant Kevin Keables’s parole revocation hearing of which we have taken judicial notice. (Code Civ. Proc., § 430.30.) We assume the truth of the facts alleged in the complaint for purposes of this appeal.

Defendant Philip D. Israels represented defendant Keables in a criminal proceeding in which Keables was charged with the sexual battery of plaintiff Susan S. In the course of defending Keables, Israels served a subpoena duces tecum for Susan S.’s mental health records on the Harbour, a mental health treatment facility. Harbour mistakenly sent Susan S.’s mental health records directly to Israels who, knowing the private and confidential nature of the documents, read them, transmitted them to the defense psychiatrist and used them in cross-examining Susan S.. Israels read, transmitted and used Susan S.’s mental health records in order to…