Module 3
Victims' Rights

Victim Advocates and Confidentiality

System-based victim advocates (employed by law enforcement or a prosecutor’s office) and community-based advocates (such as those who are employed by or volunteer for rape crisis centers or domestic violence shelters) have different confidentiality and privilege requirements.

System-Based Advocates1

Victim advocates employed by a prosecutor’s office are often viewed as part of the prosecution team and, as such, may not be able to keep victim information confidential. Some jurisdictions impose an affirmative obligation on prosecutors to review the communications between a victim and the prosecutor’s office-based advocates for any material that must be turned over to the defense. Governmentally-employed victim advocates must be aware of the limitations on confidentiality for communications with a crime victim in that jurisdiction. System-based advocates must be sure that victims’ understand the limitations to confidentiality at the outset of communication.

Community-Based Advocates2

Community-based advocates must be familiar with their agency’s confidentiality policies, including the manner in which advocates should inform clients about these policies. Advocates employed by an agency that receives grant funding through the Violence Against Women Act (VAWA), the Family Violence Prevention Services Act (FVPSA) and/or the Victims of Crime Act (VOCA) should be aware that those federal laws, in addition to state laws, impose specific conditions upon grant recipients with regard to confidentiality and should ensure compliance with these policies.

Consult your agency’s state-specific supplemental guide for your state’s laws regarding confidentiality between victims and advocates.

Disclaimers and Footnotes

1. See AEquitas “Walking a Tightrope: Balancing Victim Privacy and Offender Accountability in Domestic Violence and Sexual Assault Prosecutions,” May 2013, available at http://www.aequitasresource.org/Issue_9_Walking_A_Tightrope_Balancing_Victim_Privacy_and_Offender_Accountability_in_Domestic_Violence_and_Sexual_Assault_Prosecutions_Part_I_May_2013.pdf.

2. The Safety Net Project at the National Network to End Domestic Violence has a “Confidentiality Toolkit” for victim services agencies available at http://techsafety.org/confidentiality.

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