Each of us has a right to privacy under the U.S. Constitution. This right is not absolute, but it also does not evaporate when one is a crime victim. Additionally, many victims’ rights laws afford victims the right to be treated with dignity and respect and/or the right to be free from intimidation and harassment. The criminal justice process is such that personal information about the crime victim will be divulged to both the defendant and defense counsel, as well as being publicly accessible.

During the discovery and trial phases (which were explained in Module 2), defendants are entitled to information and records related to the government’s case in order to prepare their defense. Court proceedings and records are generally accessible to the public. This is an important aspect of maintaining the integrity of our justice system as it serves to keep the justice processes transparent. For victims of sexual assault, this competes with their privacy interests, may threaten the preservation of their dignity, and may expose them to intimidation and harassment. The intimate, personal information that may be exposed during the criminal justice process is often a reason victims are hesitant to move forward with the criminal justice process. Disclosure of their private and/or identifying information may also threaten their safety.

While courts and legislatures broadly understand that victims of sexual violence have unique privacy concerns, there are limited circumstances in which a court is permitted to limit the public’s access. Additionally, efforts to protect victims’ privacy may not infringe on any of the rights to which the criminal defendant is entitled.