New Law Helps Protect Victims' Confidentiality

On July 12, Gov. Mike Easley signed a law preventing investigation into the files of places such as rape crisis centers for information that could help defendants discredit their alleged victims.

Margaret Barrett, executive director of the Orange County Rape Crisis Center, said she was excited that the statue has local roots. "It is neat that it was an Orange County connection that raised awareness of the need for change," she said.

Last year, Chapel Hill lawyer Amos Tyndall subpoenaed the Orange County Rape Crisis Center, trying to get information that would discredit an alleged victim of his client. Tyndall's motion was based on a Supreme Court case, Penn v. Ritchie, that ruled judges had the right to review certain privileged information.

Although the case was settled out of court, it made people more aware of victim confidentiality issues.

Barrett said the statute limits grounds under which a judge would order investigation of an organization like the Rape Crisis Center. There are now only certain circumstances under which the defense could have access under a judge.

The law specifically prohibits searching records if the information is repetitive, such as information already obtained from another source.

N.C. Coalition Against Sexual Assault Executive Director Monika Hostler said the law was passed mainly to protect victims from having their credibility ruined.

Although the law had to be drafted several times, it still passed without serious problems. "People worked hard to get it into a fair form and it passed with no opposition, which is great," Barrett said.

The statute's advocates said the law would bring far-reaching benefits for victims of assault or domestic violence.

"It helps to clarify the importance of confidentiality between clients and an organization such as the Rape Crisis Center that deals with assault and domestic violence," Barrett said.

After an attack, domestic violence experts agree, it's important for a victim to feel comfortable seeking help and this law could bring about that comfort zone.

"The law will reassure people that for their confidential information to be under attack by a defense lawyer, it would require special circumstances found by a judge," Barrett said.

The promise of confidentiality is a vital part of the relationship between victims and the Rape Crisis Center, Hostler said. "It defeats the purpose of a rape crisis center if you can't promise the victim confidentiality," she said.

Opponents of the law say defendants should also be treated fairly in a trial, and if it's necessary to prove innocence, the alleged victim's credibility should be questioned.

"The law does make lawyers go through the right process," Tyndall said. "The accused has a right to have a review by a judge of confidential records that could help their case."

This statute represents a move toward more legislation protecting victims. "This is definitely pivotal in the movement of rape crisis in North Carolina," Hostler said. "North Carolina is moving towards victim rights and justice."

Ashley Williams can be reached at willia30@email.unc.edu.