• NH Supreme Court overturned precedent, shielding mental health records from undue access in legal cases.
• The ruling was prompted by a case where a defendant sought the alleged victim's mental health records to discredit her testimony.
• This change aligns New Hampshire with most other states, potentially encouraging more victims to seek mental health treatment without fear of privacy violations.

The New Hampshire Supreme Court made a landmark decision on Thursday, overturning decades of legal precedent to protect the privacy of mental health records. This ruling, prompted by a specific case involving a defendant seeking access to an alleged victim's therapy records, now provides mental health records the same level of protection as doctor-patient and attorney-client information. The change addresses concerns that victims of crimes were discouraged from seeking mental health treatment due to the risk of their records being used against them in court.

• What: The New Hampshire Supreme Court overturned precedent to protect the privacy of mental health records, giving them the same legal protections as doctor-patient and attorney-client records.
• Who: Key figures include the alleged victim (name not provided), Gene Zarella (the accused), David Vicinanzo (attorney representing the alleged victim), Hilary Holmes Rheaume (attorney for Coalition), Lyn Schollett (executive director of the New Hampshire Coalition Against Domestic and Sexual Violence), and Judge Amy Ignatius.
• When: The ruling was made on Thursday, May 1, 2025, overturning precedents established before the 2018 constitutional amendment.
• Where: The events occurred within the New Hampshire judicial system, specifically the New Hampshire Supreme Court.

The New Hampshire Supreme Court's decision marks a significant shift in the state's legal landscape, prioritizing the privacy rights of individuals seeking mental health treatment. Previously, New Hampshire was among a minority of states that allowed broad access to these records in criminal cases, potentially deterring victims from seeking help. The ruling aligns New Hampshire with the majority of states, offering greater protection to vulnerable individuals. The impact of the 2018 constitutional amendment on privacy rights was a crucial factor in the court's decision. This change in precedent could lead to increased access to mental healthcare and improved support for victims of crime.

It’s a big win for erasing the taboo against mental health treatment and the stigma of mental illness. By raising the status of the protective privilege, the status and importance of mental health treatment is elevated as well.

For too long, our justice system has emphasized a defendant’s rights while placing victims in the defendant's shadow. With today’s decision, the New Hampshire Supreme Court has affirmed that victims have a fundamental right to be notified and heard—particularly when their privacy is at stake. This is a win for all victims of sexual assault, who now have protections that did not exist before today.

The outrageous practice of accessing victims’ irrelevant, personal information ends today.

New Hampshire was among a small minority that said due process of the defendant overruled private, non-governmental parties' rights. This corrects that bad law. Due process is one of the Bill of Rights. The Bill of Rights is a set of protections of the citizen against the government. It is not one right a private citizen has against another private citizen.

The New Hampshire Supreme Court's decision to protect mental health records marks a significant victory for privacy rights and victim advocacy. By overturning decades of precedent, the court has aligned New Hampshire with the majority of states, ensuring that individuals seeking mental health treatment can do so without fear of their records being used against them in court. This ruling has the potential to encourage more victims to seek help and could lead to positive changes in the way the justice system treats mental health information.