When I confide in my doctor or my lawyer, I know that my communication with them will be kept confidential. Without that confidentiality, I may be hesitant to share information with the professionals that could help me the most. I might be worried that information I share could be used against me in the future. A survivor of domestic or sexual violence should be able to call a crisis line or go to a shelter with that same expectation of confidentiality. Unfortunately, that is not currently the case in Oregon.
While advocates in Oregon have always done their best to maintain the confidentiality of the survivors they serve, other obligations may prevent them from doing so. Community based programs frequently get requests to appear in court or to turn over records that may further endanger the survivors seeking help and safety from those very programs.
On college and university campuses, Title IX requires “responsible employees” to disclose any incidents of sexual assault reported to them, regardless of victim consent. A victim is violated during the rape, and then again by a system that forces the report to be investigated. It is no wonder that so few victims of sexual assault on college campuses feel comfortable coming forward.
40 out of 50 states in the United States of America have laws that protect the confidentiality of communication between a survivor of domestic and sexual violence and her or his advocate. Oregon is not one of them. House bill 3476 would remedy that. This bill would protect victims of domestic violence, sexual assault or stalking by allowing their communication with victims services programs and advocates to remain confidential. Survivors will be able to feel comfortable seeking support, knowing that they can have control over their own information.
This bill will make Oregonians safer!
For more information on the progress of this bill, go to: HB 3476 Overview