---
title: "Check a subpoena for third-party records against the sexual assault communications privilege"
url: "https://ailawframework.com/practice/criminal-law/check-a-subpoena-for-third-party-records-against-the-sexual-assault-comm"
type: "task"
site: "AI Law Framework"
id: "A20-W20261018-6"
practice_area: "Criminal Law"
tier: "yellow"
lawyer_review: "required"
last_reviewed: "2026-10-22"
---

# Check a subpoena for third-party records against the sexual assault communications privilege

> From the subpoena schedule and the description of the records sought, list each category of document and flag those that may contain protected confidences (counselling, medical or support records of the complainant),…

Canonical page: https://ailawframework.com/practice/criminal-law/check-a-subpoena-for-third-party-records-against-the-sexual-assault-comm  
Last reviewed: 2026-10-22

Site index for agents: https://ailawframework.com/llms.txt

## Key facts

| Fact | Value |
| --- | --- |
| Practice area | [Criminal Law](https://ailawframework.com/practice/criminal-law.md) |
| Human involvement | Yellow: Lawyer and AI draft together |
| How AI is used | From the subpoena schedule and the description of the records sought, list each category of document and flag those that may contain protected confidences (counselling, medical or support records of the complainant), noting the notice and leave steps the procedure requires before such records can be produced or inspected. |
| What the lawyer must review | The lawyer decides whether any category is likely to contain protected confidences, whether to narrow the subpoena or seek leave, how the protected confider is notified, and prepares any application. |
| Written for / versions | 1 jurisdiction versions below |

## Checking plan

**Line-by-line review**

Review the complete output at the level of each line, paragraph or clause; check facts, meaning and omissions.

- What the AI does: From the subpoena schedule and the description of the records sought, list each category of document and flag those that may contain protected confidences (counselling, medical or support records of the complainant), noting the notice and leave steps the procedure requires before such records can be produced or inspected.
- What the lawyer does: The lawyer decides whether any category is likely to contain protected confidences, whether to narrow the subpoena or seek leave, how the protected confider is notified, and prepares any application.
- Who reviews: Responsible lawyer with competence in the matter
- Basis: Practical workflow informed by the linked primary sources; the traffic light and working checks are editorial guidance, not a court classification.
- Why: The level reflects what the work is, the consequence of an error, and how much of the output the lawyer must independently re-derive.

## Checks the lawyer makes

1. Check every category of the schedule, not only those labelled counselling.
2. Confirm the protected confider will be given the notice the procedure requires.
3. Confirm no protected material is opened or loaded into any tool before leave is decided.

## Notes

- These are suggested working checks. Confirm the required checking with the responsible lawyer before work starts; the checking approach does not establish permission to use AI.

## Sources

- [Judicial Commission of NSW Sexual Assault Trials Handbook — Sexual assault communications privilege](https://www.judcom.nsw.gov.au/publications/benchbks/sexual_assault/sexual_assault_comm.html) (checked 2026-10-18)
- [ALRC Report 114 — Sexual assault communications privilege](https://www.alrc.gov.au/publication/family-violence-a-national-legal-response-alrc-report-114/27-evidence-in-sexual-assault-proceedings-3/sexual-assault-communications-privilege/) (checked 2026-10-18)

## Jurisdiction versions

| Jurisdiction | Level |
| --- | --- |
| [United States](https://ailawframework.com/practice/criminal-law/check-a-subpoena-for-third-party-records-against-the-sexual-assault-comm/united-states.md) | Yellow |

*Practice guidance for planning and review. Confirm current primary sources and the requirements of the actual matter. This is general information, not legal advice.*