Sexual aSSault LEGAL ADVOCACY MANUAL - Texas Association ...

iii. Confidentiality
Texas law provides a couple useful tools to protect sexual assault survivors’ privacy during court
proceedings. When survivors testify as witnesses they cannot remain totally anonymous, but the
following tools can help to make the prosecution safer and less invasive. Also, refer to the chapter in
Part II entitled “General Civil Issues” for a more pointed discussion of the importance of protecting
survivors’ privacy. (p. 96, Civil Privacy Issues)
Pseudonyms
A survivor may use a pseudonym throughout the criminal justice process instead of her or his true name.
Article 57 of the Code of Criminal Procedure guarantees the right to use a pseudonym to victims of
almost any sex offense, including child victims.
If a survivor decides to use a pseudonym, she must complete a pseudonym form. The survivor will choose
a name to be used in all public files and records associated with the case. That includes not only court
documents, but also all police records and even press releases. In addition, survivors can complete the
pseudonym form at any time. For example, if a survivor completes it after the police investigation is over,
the police agency must change the survivor’s name to the pseudonym in all their records (Tex. Code
Crim. Proc. Art. 57.02(e)).
Using a pseudonym is helpful, but its benefits are limited. Because of the defendant’s constitutional
right to confront his or her accuser, the defendant and the defendant’s lawyer will know the survivor’s
true identity. In addition, courthouse and police staff will necessarily see the survivor’s true name while
filing the pseudonym paperwork. Therefore, to protect victims’ privacy, Texas law makes it a Class C
misdemeanor to knowingly disclose a victim’s true identity to anyone not assisting the investigation or
prosecution (Tex. Code Crim. Proc. Art. 57.03).
To obtain and file a pseudonym form, contact Sexual Assault Prevention or Crisis Services within the Office
of the Attorney General’s Crime Victim Services Division: (512) 936-1615 or sapcs@oag.state.tx.us.
Address Confidentiality Program
The Address Confidentiality Program (“ACP”) supplements the right to use a pseudonym and provides
additional safety for victims. As noted above, the defendant in a sexual assault case will know the victim’s
true identity even if she or he uses a pseudonym. Therefore, it is imperative to keep the victim’s address
and other contact information confidential. ACP fills that gap.
The Attorney General will designate a post office box for a participating survivor to use in place of her or
his actual residence, business, or school address. All court notices and other mail associated with the case
will go to the substitute address, with free forwarding to the survivor’s true address. Survivors can also use
the post office box as their address for driver’s licenses, voter registrations, school registrations, and other
court proceedings. However, banks, credit card companies, and private utility companies are not required
to accept the confidential address.
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