Congress, for example, takes inappropriate advantage of the tremendous deference given by courts to its constitutional powers to raise and support Armies, to provide and maintain a Navy, and to make Rules for the Government and Regulation of the land and naval Forces.\n In a court-martial involving a military defendant and a civilian victim of sexual assault, application of the psychotherapist-patient privilege raises no difficult issues related to professional military values. When both the victim and the defendant are members of the military, however, the victim's assertion of privilege is at least potentially inconsistent with the victim's professional obligation to place the military's institutional need to discipline misconduct undermining military readiness above an individual desire not to reveal communications concerning the criminal act.
Diane H. Mazur,
Military Values in Law,
14 Duke Journal of Gender Law & Policy
Available at: http://scholarship.law.duke.edu/djglp/vol14/iss2/6