105 So. 3d 54
La.2012Background
- R.W.B. was convicted of attempted sexual battery of his minor stepdaughter H.N.; conviction appeal is pending in the Louisiana Court of Appeal, Third Circuit.
- Statutory confidentiality of minor victims and sex offense victims is governed by La. R.S. 46:1844(W).
- Exact scope of confidentiality—whether it extends to the defendant or witnesses beyond the victim—was certified to the Louisiana Supreme Court.
- Court interprets the statute to protect the identity of the victim, not other persons such as the defendant or witnesses.
- Louisiana emphasizes openness of court proceedings, supporting public access to judicial information beyond victim identity.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether La. R.S. 46:1844(W) protects only the victim’s identity. | R.W.B. argues broader protection for associated persons. | State contends protection is limited to the victim. | Protects only the victim’s identity; does not extend to others. |
| Whether open-court doctrine overrides statutory confidentiality to allow full defendant/witness identification. | Public access favors full identification. | Confidentiality statute limits disclosures. | Open courts principle does not override the statute; victim identity remains protected. |
Key Cases Cited
- Foti v. Holliday, 27 So.3d 813 (La. 2009) (statutory language governs interpretation; read in context)
- Copeland v. Copeland, 966 So.2d 1040 (La. 2007) (open courts principle supports public access)
- State v. Birdsong, 422 So.2d 1185 (La. 1982) (open courts and public observation of proceedings)