CONFIDENTIALITY

1. CONFIDENTIALITY The Roles of “Helping Professionals” and Their Impact on Victim/Survivors’ Privacy REMINDERS FOR COUNSELOR/ADVOCATES © Connecticut Sexual Assault Crisis Services, Inc.

2. This project was supported by Grant No. 2005-VF-GX-K027 awarded by the Office for Victims of Crime, Office of Justice Programs, U.S. Department of Justice. Points of view in this document are those of the author and do not necessarily represent the official position or policies of the U.S. Department of Justice. © Connecticut Sexual Assault Crisis Services, Inc.

3. WEBINAR OBJECTIVES Participants will: • Understand the advocate’s unique role in protecting victim/survivors’ privacy • Be aware of the roles of other professionals and how those roles may conflict with victim/survivors’ right to privacy • Utilize key principles and practical tips to uphold victim/survivors’ privacy when working with other professionals CONFIDENTIALITY The Roles of “Helping Professionals” and Their Impact on Victim/Survivors’ Privacy © Connecticut Sexual Assault Crisis Services, Inc.

4. WHO WANTS CONFIDENTIAL INFORMATION? Many individuals pressure advocates to violate confidentiality, including: • Health care providers • Police • Multidisciplinary teams • Prosecutors and defense attorneys • Mandated reporting agencies • Media • Researchers • Relatives of the victim/survivor CONFIDENTIALITY The Roles of “Helping Professionals” and Their Impact on Victim/Survivors’ Privacy © Connecticut Sexual Assault Crisis Services, Inc.

5. PRESSURES TO VIOLATE CONFIDENTIALITY Many may try to convince the advocate that violating confidentiality is: • helping the victim/survivor in some way • in the best interest of the victim/survivor • necessary to work together on behalf of the victim/survivor • crucial to ensuring public safety CONFIDENTIALITY The Roles of “Helping Professionals” and Their Impact on Victim/Survivors’ Privacy © Connecticut Sexual Assault Crisis Services, Inc.

6. PROFESSIONAL ROLES IMPACT PRIVACY Advocates must be prepared for interactions with those who aim to: • investigate • protect (public safety) • prosecute • treat (from a medical model) • report (news, etc.) Advocates must aim to: • uphold victim/survivors’ rights • empower victim/survivors CONFIDENTIALITY The Roles of “Helping Professionals” and Their Impact on Victim/Survivors’ Privacy © Connecticut Sexual Assault Crisis Services, Inc.

7. MULTIDISCIPLINARY TEAMS (MIT/MDT) Common questions: • What is the purpose of the MIT/MDT? • What is the advocate’s role on the MIT/MDT? CONFIDENTIALITY The Roles of “Helping Professionals” and Their Impact on Victim/Survivors’ Privacy © Connecticut Sexual Assault Crisis Services, Inc.

8. MULTIDISCIPLINARY TEAMS (continued) Points to keep in mind: • Use of MDT records/information • MDT access to records of the child victim/survivor CONFIDENTIALITY The Roles of “Helping Professionals” and Their Impact on Victim/Survivors’ Privacy © Connecticut Sexual Assault Crisis Services, Inc.

9. MULTIDISCIPLINARY TEAMS (continued) Other privacy considerations: • Will the child victim/survivor be videotaped? • If the perpetrator is prosecuted, will the victim/survivor’s statements be disclosed? CONFIDENTIALITY The Roles of “Helping Professionals” and Their Impact on Victim/Survivors’ Privacy © Connecticut Sexual Assault Crisis Services, Inc.

10. HELP EACH VICTIM/SURVIVOR TO PROTECT HER/HIS PRIVACY! Assist her/him in being proactive about ensuring privacy when seeking other services! • Refrain from sharing unnecessary treatment-related information • Consider who might have access to information and how that might be used • Utilize free, anonymous services • Limit information to be released CONFIDENTIALITY The Roles of “Helping Professionals” and Their Impact on Victim/Survivors’ Privacy © Connecticut Sexual Assault Crisis Services, Inc.

11. MDT Q & A BREAK • Questions and answers regarding victim/survivors’ privacy when multidisciplinary teams are involved • Next, privacy related to services for minors CONFIDENTIALITY The Roles of “Helping Professionals” and Their Impact on Victim/Survivors’ Privacy © Connecticut Sexual Assault Crisis Services, Inc.

12. SERVICES FOR MINORS Remember: • Parents are not entitled to receive confidential information • Consult with a supervisor in cases where the child is under 12 CONFIDENTIALITY The Roles of “Helping Professionals” and Their Impact on Victim/Survivors’ Privacy © Connecticut Sexual Assault Crisis Services, Inc.

13. SERVICES FOR MINORS (continued) Remember: • Minors have rights: • Constitutional rights • Rights to confidential services CONFIDENTIALITY The Roles of “Helping Professionals” and Their Impact on Victim/Survivors’ Privacy © Connecticut Sexual Assault Crisis Services, Inc.

14. SERVICES FOR MINORS (continued) Considerations: • What special treatment concerns exist for minors? • Drug and alcohol treatment • Mental health treatment • Communicable and STD testing • Termination of pregnancy CONFIDENTIALITY The Roles of “Helping Professionals” and Their Impact on Victim/Survivors’ Privacy © Connecticut Sexual Assault Crisis Services, Inc.

15. SERVICES FOR MINORS (continued) Common questions: • How does the marriage or emancipation of a minor affect confidentiality? CONFIDENTIALITY The Roles of “Helping Professionals” and Their Impact on Victim/Survivors’ Privacy © Connecticut Sexual Assault Crisis Services, Inc.

16. SERVICES FOR MINORS Q & A BREAK • Questions and answers regarding minor victim/survivors’ privacy • Next, privacy related to media will be covered CONFIDENTIALITY The Roles of “Helping Professionals” and Their Impact on Victim/Survivors’ Privacy © Connecticut Sexual Assault Crisis Services, Inc.

17. MEDIA Common questions: • What do the media want? • How can the media find out about a sexual assault? • Why might a victim/survivor want to talk to the media? CONFIDENTIALITY The Roles of “Helping Professionals” and Their Impact on Victim/Survivors’ Privacy © Connecticut Sexual Assault Crisis Services, Inc.

18. WHAT IS THE ADVOCATE’S ROLE REGARDING MEDIA COVERAGE? Protect the media rights of sexual assault victim/survivors! • Never speak about a case in a public place • Identify private room at the courthouse • Ensure calls from reporters can be screened • Explain how media works • Educate about rights in the media • Help victim/survivors set ground rules • Assist victim/survivors with preparing statements CONFIDENTIALITY The Roles of “Helping Professionals” and Their Impact on Victim/Survivors’ Privacy © Connecticut Sexual Assault Crisis Services, Inc.

19. HOW CAN A VICTIM/SURVIVOR PREPARE FOR TALKING WITH MEDIA? Before the interview: • Find out if the conversation is being taped • Interview the journalist • Consider the impact statements could have • Discuss stipulations and expectations CONFIDENTIALITY The Roles of “Helping Professionals” and Their Impact on Victim/Survivors’ Privacy © Connecticut Sexual Assault Crisis Services, Inc.

20. HOW CAN A VICTIM/SURVIVOR PREPARE FOR MEDIA? (continued) During the interview: • Assume everything is on the record • Confirm whether the conversation is being taped • Refrain from answering any uncomfortable questions • Keep comment succinct • Avoid defamatory comments CONFIDENTIALITY The Roles of “Helping Professionals” and Their Impact on Victim/Survivors’ Privacy © Connecticut Sexual Assault Crisis Services, Inc.

21. HOW CAN A VICTIM/SURVIVOR PREPARE FOR MEDIA? (continued) After the interview: • Understand that none or little of the story may be used • Know that the journalist may have no control over story headline, location, timing • Be prepared for additional media contacts • Be aware that story may be run again • Request correction of story errors CONFIDENTIALITY The Roles of “Helping Professionals” and Their Impact on Victim/Survivors’ Privacy © Connecticut Sexual Assault Crisis Services, Inc.

22. HOW CAN ADVOCATES PROMOTE RESPONSIBLE MEDIA COVERAGE? • Respect the victim/survivor’s wishes, needs, and boundaries • Keep the focus on the perpetrator • Clarify that sexual assault/abuse is rooted in issues of power and control • Debunk myths regarding sexual assault • Educate the public about victim services and violence prevention resources • Help media to empower the community CONFIDENTIALITY The Roles of “Helping Professionals” and Their Impact on Victim/Survivors’ Privacy © Connecticut Sexual Assault Crisis Services, Inc.

23. MEDIA Q & A BREAK • Questions and answers regarding victim/survivors’ privacy with respect to media CONFIDENTIALITY The Roles of “Helping Professionals” and Their Impact on Victim/Survivors’ Privacy © Connecticut Sexual Assault Crisis Services, Inc.

24. THE ADVOCATE’S ROLE IS TO UPHOLD VICTIM/SURVIVORS’ RIGHT TO PRIVACY 1. All information about the victim/survivor is hers, not yours, to share. 2. The role of the sexual assault advocate is to prioritize a victim/survivor’s privacy. 3. Sexual assault crisis programs’ policies and practices must maintain privacy. 4. A victim/survivor’s decision to disclose must be voluntary and free from pressure. 5. Sexual assault advocates can only release information with the informed consent and authorization of the victim/survivor. CONFIDENTIALITY The Roles of “Helping Professionals” and Their Impact on Victim/Survivors’ Privacy © Connecticut Sexual Assault Crisis Services, Inc.

25. FOR MORE INFORMATION Please contact: Joanne Zannoni Director of Prevention and Projects Connecticut Sexual Assault Crisis Services 96 Pitkin Street East Hartford CT 06108 Phone: 860-282-9881 Fax: 860-291-9335 Email: jz@connsacs.org CONFIDENTIALITY The Roles of “Helping Professionals” and Their Impact on Victim/Survivors’ Privacy © Connecticut Sexual Assault Crisis Services, Inc.