Maintaining Confidentiality of the Victim’s Name
Courts maintain a file associated with every case filed. These court files contain copies of items filed with the court, such as the document that officially charged the defendant with a crime and motions filed by the parties. Some states have specific statutes mandating that the identification of a sexual assault victim in court materials not be available for public inspection. For example, in New York all records related to a sex offense prosecution that identify or tend to identify the victim are sealed.1 In Massachusetts, the name of the victim in certain sex offense investigations and court cases must be redacted (blacking out the protected information within a document) from the public record.2
Another mechanism to preserve the victim’s privacy is the use of a pseudonym in records and proceedings related to the criminal case. Many states have statutory provisions that permit a sexual assault victim’s identity to remain confidential by allowing the victim to be identified by a pseudonym in all records related to the case. The criteria for use of a pseudonym and the mechanism to trigger the protection will vary by each state’s statute.3 Consult your agency’s state-specific supplemental guide regarding whether your state permits a sexual assault victim’s identification by pseudonym.
None of these legal mechanisms to preserve victims’ privacy take precedence over criminal defendants’ constitutional rights to due process and to confront their accuser. So even where laws exist that allow for keeping court records sealed, or allow for the victim to use a pseudonym, the defendant and defense counsel will have access to the records and the victim’s true identity. Where there are specific concerns about the defendant’s possession of this information, the prosecutor or victim’s attorney can request that the court issue a protective order to keep the information private. This procedure will be explained in more detail in Module 8.
Additionally, laws that protect the identity of a sexual assault victim do not prevent the public from accessing courtroom proceedings – such as hearings or the trial – explained on the next page.
Disclaimers and Footnotes
1. New York Civil Rights Law § 50-b.
2. Massachusetts General Law Chapter 265 § 24(c).
3. See the National Crime Victim Law Institute’s “Protecting Victims’ Privacy Rights: The Use of Pseudonyms in Criminal Cases,” available at http://law.lclark.edu/live/files/21757-protecting-victims-privacy-rightsthe-use-of, for more about the use of pseudonyms for crime victims.
*Reprinted, reproduced and/or shared with permission of the National Crime Victim Law Institute (NCVLI), all rights reserved. NCVLI actively promotes balance and fairness in the justice system through crime victim centered legal advocacy, education, and resource sharing. To view NCVLI's library of crime victims' rights publications and other resources, please visit http://www.ncvli.org/.