I have a question. If a sexual assault victim requests the use of a pseudonym, does CCP art. 57.02 require the pseudonym be used in the full offense report, or just the first page summary. The statute refers to "public record," but includes no definition. An offense report is a "public record" for purposes of PC 37.10, but is it a public record under Article 57.02.

Janette

Well, isn't the answer in 57.02(b)? It says "in all public files and records concerning the offense including police summary reports". Isn't the public part of the police report sometimes described as the "summary" or "front page" for the purposes of the PIA?

[This message was edited by JohnR on 06-02-09 at .]

I'm curious... what if the whole thing becomes part of a trial record? Can it be redacted or something?

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This is an inappropriate question?

Not inappropriate Alex. It's just that you are a "layman". Bradley is Bradley.

JA,

Good question, but I've often pondered why the legislation made the Sexual Assault "victim" statutorily defined in the past tense as opposed to the Family Violence "victim" who is in the present tense.

Does it mean that some sort of adjudication, plea deal, verdict, or other final dispositon must take place before the sexual assault victim can even consider the use of a pseudonym?
_________________________________________________
Chapter 57 (Sexual Assault Victim)
"Victim" means a person who was the subject of:

(A) an offense the commission of which leads to a reportable conviction or adjudication under Chapter 62; or

(B) an offense that is part of the same criminal episode, as defined by Section 3.01, Penal Code, as an offense described by Paragraph (A).
_________________________________________________


Chapter 57B (Family Violence Victim)
"Victim" means a person who is the subject of:

(A) an offense that allegedly constitutes family violence, as defined by Section 71.004, Family Code; or

(B) an offense that is part of the same criminal episode, as defined by Section 3.01, Penal Code, as an offense described by Paragraph (A).
_________________________________________________
I've had sexual assault investigations wherein the net result was that the "complainant" alleging sexual assault was not a victim afterall. Those cases were truly fabrications by the complainants so they were not entitled to the pseudonym at the inception of the case but maybe could have been on the backside of the investigation when there was something leading to a reportable conviction as stated in Chapter 57.

(I know, I know--get a life.)

As the former president said, "that depends on what your definition of 'is' is."

Actually, just really inartful use of language on part of the legislators. (Hard to believe I know. ) Doesn't mean that a defense attorney or someone else couldn't make some hay out of it though.