Sexual aSSault LEGAL ADVOCACY MANUAL - Texas Association ...

General Civil Issues
Almost every sexually violent crime has ripple effects that cause lasting problems for survivors. The later
chapters in this part will look at some specific contexts, but first we will consider some general concerns
that are common in many different situations. Almost any decision a sexual assault survivor makes in
response to an attack could result in threats to privacy, finances, or safety. Too often, survivors endure all
at once. This section considers some remedial measures useful in many different circumstances.
Privacy
For many survivors—perhaps most—privacy is the single most important concern. Nationally as well
as in Texas, it is one of the top reasons survivors decide not to report sexual assault to police. In addition,
lapses in the survivor’s privacy can very easily create serious safety risks. Therefore, protecting survivors’
privacy should be a top priority in every case.
Advocates should keep a few general points in mind regarding privacy. First, be as proactive as possible.
Survivors and advocates can take many measures to protect privacy early in the process, even before the
survivor’s privacy is threatened in any way. Being proactive is extremely important, because once private
information becomes public, it is nearly impossible to repair the damage. Waiting until something goes
wrong is often not good enough.
Second, be aware of the survivor’s unique privacy concerns, and the unique aspects of your community.
Often, smaller or rural communities make privacy an even more serious problem. For example, more
people probably know one another and spread gossip than in larger communities, there might be longer
distances to travel for victim services, or fewer law enforcement officers available. When planning for the
survivor’s privacy, consider her or his specific concerns, but also think about how information might get
back to others in the survivor’s life. From your experience in your community and local institutions, you
may think of issues that had not occurred to the survivor.
As discussed at length in the chapters on criminal investigations and prosecutions, there are a number of
measures survivors can take outside the criminal justice system to protect their privacy within the system.
(pp. 34, 49, 58, Privacy Discussions) For many of those measures, personal representation by an attorney is
not necessary. For example, the advocate can assist the survivor in submitting a pseudonym form early in
the investigation process, or to enroll in the address confidentiality program.
Advocates should also always adhere to their programs’ confidentiality policies when defense attorneys
request information about services provided to the survivor. Also, be cautious about the records you keep.
Just because notes related to a survivor are kept in a personal notebook in the advocate’s car, for example,
does not prevent a defense attorney from accessing them. Survivors themselves can even weaken the
impact of subpoenas by warning third parties not to disclose private information to the defense, before
the defense sends the subpoena.
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