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Attorney General Marty Jackley

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Attorney General Jackley Calls SD Supreme Court Decision Victims’ Rights Victory

FOR IMMEDIATE RELEASE: Thursday, Nov. 14, 2024

Contact: Tony Mangan, Communications Director, 605-773-6878

PIERRE, S.D. – South Dakota Attorney General Marty Jackley calls Thursday’s South Dakota Supreme Court decision reversing a circuit court’s order requiring a victim to provide her diaries to the defendants in a rape and sexual contact case a victory for victims’ rights.

During the investigation, the minor had turned over one of her diaries to law enforcement and the defendants requested additional diaries. The victim and her attorney appealed the circuit court’s ruling requiring her to produce the diaries to the Supreme Court. The Attorney General’s Office joined in the appeal.

“The Supreme Court has reaffirmed that victims have rights in South Dakota including their privacy,” said Attorney General Jackley. “Thank you to the Court for upholding the rights of victims.”

Attorney General Jackley said the Supreme Court’s decision is based, in part, on the rights established for victims in the State Constitution, in the section known as Marsy’s Law. South Dakota voters approved the Marsy’s Law constitutional amendment in 2016.

Both defendants are presumed innocent under the U.S. Constitution.

The decision can be read here:

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