FOR IMMEDIATE RELEASE: Thursday, Dec. 12, 2024

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

PIERRE, S.D. – South Dakota Attorney General Marty Jackley calls today’s South Dakota Supreme Court decision reversing a circuit court decision that ordered a victim to turn over any mental health treatment records a victory for victims’ rights.

“Victims of crime have rights in South Dakota, and this Supreme Court decision reaffirms those rights,” said Attorney General Jackley. “As Attorney General, I will continue to serve as a strong voice to protect victims in South Dakota.”

A Brule County grand jury returned an indictment in February 2022 charging Nathan Antuna with third-degree rape, which was alleged to have occurred in August 2016. Antuna sought a court order requesting the State obtain information related to any mental health treatment records of the victim and issued a subpoena to the victim requesting any such records.

The State moved to quash the request. The Circuit Court judge hearing the case ordered the State to ask the victim whether she had received any mental health treatment and then provide to the court any such records that might exist. The State then appealed to the State Supreme Court.

In its unanimous ruling, the State Supreme Court said the State’s responsibility to disclose certain types of materials within the possession, custody, or control of the prosecution does not require prosecutors to investigate defense theories. The Supreme Court said the circuit court should have applied the three-factor test used to evaluate the propriety of subpoenas issued to victims. The Court said the defendant’s subpoena fell “patently short of the mark” of the requirements of the test, noting that the defendant did not even know if the victim ever received counseling treatment as a result of the rape. 

The State’s Appeal was briefed by the Attorney General’s Office.

The Court’s decision can be read here:

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