Advocates and Confidentiality

Leslie A. Hagen, Assistant United States Attorney, Western District of Michigan

The proper creation, maintenance and handling of records and information obtained from and about victims of domestic violence and sexual assault is a critical function of any advocacy program, regardless of whether the program is governmental (police or prosecutorial victim-witness program) or external (usually nonprofit) in nature. Improper handling of victim information and records can cause great harm to individual victims and the reputation of the agency. Most external domestic violence and sexual assault advocacy programs have strong confidentiality policies and that fact is advertised as one of the advantages of their programming. On the other hand, governmental advocacy programs probably will have limitations on the confidentiality of communications between victims and advocates, primarily because the advocacy program may be one component of a larger office whose primary goal is the prosecution of crimes. This difference in confidentiality rules can prove confusing for victims working with advocates in both systems.

This workshop will explore the different roles, goals and legal obligations that advocates must comply with depending on their credentials and place of employment. Training topics will include:

• Privilege: what is it and who owns it

• Record keeping

• Communicating limitations on confidentiality to the client

• General principles for setting policy on confidentiality

• Suggested practices for responding to subpoenas and warrants

• The difficulties of maintaining confidentiality in an era of collaboration