Q: How can I protect my privacy after a sexual assault?

A: Protecting your privacy is a vital concern after a sexual assault. There are ways to protect private information throughout the recovery process: in counseling, at the hospital, and in the courts. Some basic information is included here regarding MA privacy laws. Please consult your local rape crisis center or an attorney for specific answers to your personal concerns.

Privacy with the police and courts

Q: How can I protect my privacy in relation to the police and the legal system?

A: In general, you have the right to refuse to answer questions, unless under court order (a court order is a judge's order).

Your right to privacy also means you can refuse to answer questions or discuss information regarding your sexual orientation, sexual history, medical and mental health history, counseling or therapy, and/or conversations with your spouse, a rape crisis or domestic violence counselor, an attorney, or religious counselor. These types of conversations are protected by a legal 'privilege' which protects the content of the conversations from public disclosure, unless under court order. Compelled disclosure of such information requires notice, a hearing, and/or in some instances a written release by the survivor.

• Conversations with rape crisis counselors, domestic violence counselors, and other psychotherapy (MGL Chapter 233, §§ 20J, 20K, and 20B).
• Information related to sexual orientation (MGL Chapter 151B) or sexual history (MGL Chapter 233, §21B).
• Information related to mental health or medical history (MGL 233 §20B).
• Private conversations with your attorney, religious counselor, or spouse (MGL Chapter 233 §§ 20, 20A).

There are some legal protections for your privacy. All police reports related to sexual violence are strictly confidential. Anyone who violates this duty of confidentiality is subject to penalty of prison and/or fine. Under current MA law, there are no exceptions to this duty of strict confidentiality for police reports (MGL Chapter 41, § 97D).

• For rape and attempted rape, MA law prohibits public disclosure of a survivor's name. The survivor's name is to be blacked out in all police reports and court records and is not technically part of the public record. The court can fine anyone who discloses the victim's name without her/his consent (MGL 265, §24(c)).
• For rape and attempted rape, a survivor may request that additional personal information be kept out of the public record. Such information might include the residential address, telephone number, place of employment, or school of the survivor. This request to the court should be made at the earliest possible time, prior to the arraignment of the defendant.

Privacy of rape crisis counseling records

Q: How confidential is my counseling at BARCC or BARCC's Hotline?

A: BARCC believes in protecting the integrity of the counseling relationship between the sexual assault counselor/advocate and the survivor. All BARCC's clients have a right to confidentiality. Any written or oral communication concerning a client is considered privileged information and will not be disclosed to anyone outside the Center without the client's written consent. However, there are three standard exceptions to this policy. BARCC will disclose information if:

1. Suicidal or homicidal intentions

If an assessment by a BARCC counselor suggests that a client's life is in imminent danger it is BARCC's policy to intervene to ensure safety and if necessary break a client's confidentiality. If an assessment by a BARCC counselor suggests that a client is an imminent threat to another person, BARCC will intervene to notify the other person and authorities.

2. Abuse of a child under 18; abuse of an adult over 65; abuse of a person with significant disability

BARCC Counselors are mandated by law to report abuse or neglect by a caretaker of a child, elderly person or disabled person to the appropriate authorities. Physical, emotional, and sexual abuse fall under this category. Caretakers include anyone who fulfills a person's needs or has authority over a person during the day. Examples include: parents or guardians, medical personnel, doctors, teachers, and baby-sitters.

3. Judicial subpoena of BARCC records:

MA law requires a court ordered trial subpoena in order to compel disclosure of confidential rape crisis counseling records. Defense attorneys cannot subpoena these records directly without such a court order. If you anticipate issues around any type of court involvement, please consult with your BARCC Counselor regarding your privacy and confidentiality rights.