Blake v. State Case Brief

1. Blake v. State (Wyo. 1997)
1. Issue: whether identity of perpetrator of sexual abuse is reasonably pertinent to medical diagnosis and treatment
• ascription of perpetrator is usually not w/in contemplation of the exception; but question w/sexual abuse is whether physician should know identity of abuser for purposes of treatment (counseling, separation from home, etc.)
2. holding: such evidence was properly admitted as relevant to diagnosis/treatment
• note: other cts have held this as well
3. criticisms of Blake – troubling, even though Δ could call its witness to counter this evidence – b/c it’s not Δ’s job to prove his innocence, but burden of state to prove his guilt beyond a reasonable doubt
4. note: age of victim – caselaw hasn’t gone so far as to allow such evidence in cases where the victim of sexual abuse is an adult.