Massachusetts Supreme Judicial Court
In the Matter of a Motion to Compel
September 18, 2023
Summary
The court held that a Massachusetts judge considering an out-of-State request for sexual-assault counseling records must protect the Massachusetts statutory privilege when there is a substantial likelihood that the requesting State will not provide equivalent safeguards. The judge must ensure compliance with the Lampron-Dwyer protocol before authorizing production, and the court vacated the order compelling the records because Rhode Island protections were insufficient.