Understanding Your Rights: Legal Considerations for Sharing Crime Experiences

Making the decision to share your experience as a crime victim is deeply personal. While sharing can be empowering and may help others, it’s essential to understand your legal rights and the potential implications of making your story public. This knowledge helps ensure that you maintain control over your narrative and protect your wellbeing throughout the process.

Your Fundamental Right to Privacy

Privacy is a cornerstone of victim rights. As defined by the Office for Victims of Crime, privacy refers to “a victim’s right to control disclosure of his or her story and personal information” (Office for Victims of Crime, 2024). This right acknowledges that you—not institutions, media outlets, or even well-meaning advocates—should determine how, when, and where your experience is shared.

The foundational principle is simple but powerful: your story belongs to you.

Understanding Confidentiality vs. Privacy

While related, confidentiality and privacy have distinct meanings that are important to understand:

Privacy is your personal right to control your information and story.

Confidentiality refers to the professional rules that prohibit those you’ve shared information with from disclosing it without your consent. As noted by the Office for Victims of Crime, “Maintaining privacy may directly reduce the chances of revictimization” (Office for Victims of Crime, 2024).

Informed Consent: The Foundation of Ethical Sharing

At the heart of your legal protections is the concept of informed consent. This means you should be fully informed about:

  • How your information will be used
  • Who will have access to it
  • Potential benefits and risks of sharing
  • Your right to withdraw consent at any time (even after your story has been already shared with the journalist/researcher)

When working with victim service providers, media outlets, or advocacy organizations, you should expect clear, written consent processes that specify exactly what information will be shared and with whom.

Your Rights When Working with Different Entities

Victim Service Providers and Advocates

Many states have laws protecting communications between victims and advocates. These protections vary by location but often include:

  • Confidentiality laws that prohibit advocates from sharing your information without explicit consent
  • Privilege protections in some states that limit what information can be shared in court proceedings

It’s important to ask any service provider about:

  • The specific confidentiality protections they offer
  • Any exceptions to these protections (such as mandatory reporting requirements)
  • Their policies regarding written consent for information sharing

Media Organizations

When considering sharing your story with media outlets, understand that:

  • You have the right to set boundaries about what aspects of your story are shared
  • You can request anonymity or the use of a pseudonym
  • You can specify how you wish to be identified (e.g., as a “survivor” rather than a “victim”)
  • You can decline to answer questions that make you uncomfortable
  • You can request to review quotes before publication (though not all outlets will agree)

The Society of Professional Journalists’ Code of Ethics instructs journalists to “minimize harm” and “show compassion for those who may be affected by news coverage,” though practices vary among outlets (Society of Professional Journalists, 2014).

Law Enforcement and Courts

In the criminal justice system, privacy considerations include:

  • Victim privacy laws that vary by state but may restrict the disclosure of identifying information
  • Crime Victims’ Rights Act protections for federal cases, including “the right to be treated with fairness and with respect for the victim’s dignity and privacy” (18 U.S.C. § 3771)
  • Rape shield laws that limit the introduction of evidence about a victim’s sexual history in sexual assault cases

Digital Considerations: Sharing in the Online World

The digital realm presents unique challenges for privacy. The National Network to End Domestic Violence notes that once information is shared online, it can be difficult to control its spread or remove it entirely (NNEDV, 2016). Consider:

  • Digital footprints can outlast your intended sharing timeframe
  • Screenshot capabilities mean that even “deleted” content may persist
  • Search engines can make information findable for years to come
  • Data brokers may collect and sell personal information

Before sharing online, consider creating a digital safety plan that might include:

  • Using pseudonyms when appropriate
  • Adjusting privacy settings on social platforms
  • Being selective about which platforms you use
  • Considering how photos might reveal identifying information

Creating a Sharing Agreement

When working with any organization to share your story, consider requesting a formal sharing agreement that outlines:

  • Exactly what information will be shared
  • How you’ll be identified
  • The specific contexts where your story will be used
  • The time period during which your story can be shared
  • Your right to withdraw consent
  • How to address any potential breaches of the agreement

Potential Legal Considerations

In some circumstances, sharing your story may have legal implications to consider:

  • Ongoing investigations or trials might be affected by public statements
  • Defamation concerns might arise if naming perpetrators before conviction
  • Civil proceedings could potentially be impacted by public statements
  • Settlement agreements sometimes include confidentiality provisions

If your case is currently moving through the legal system, consider consulting with a victim rights attorney or your victim advocate before sharing publicly.

Empowerment Through Knowledge

Understanding your legal rights isn’t about limiting your voice—it’s about ensuring you can share your story safely, effectively, and on your own terms. As the Office for Victims of Crime emphasizes, “Best practice is allowing survivors to decide when, what information, and to whom their information is shared” (Office for Victims of Crime, 2014).

Resources for Further Assistance

If you’re considering sharing your story:

  • Victim Rights Law Centers can provide free legal guidance specific to your situation
  • State Victim Assistance Academies often offer information about local privacy laws
  • The National Crime Victim Law Institute provides resources on victim privacy rights
  • The Victim Connect Resource Center can connect you with local legal resources

Remember that understanding your rights is an ongoing process, and legal protections may evolve over time. Working with knowledgeable advocates can help ensure your voice is heard while your privacy and wellbeing remain protected.

References:

National Network to End Domestic Violence. (2016). Why Privacy and Confidentiality Matters for Victims of Domestic & Sexual Violence. Retrieved from https://www.techsafety.org/privacymatters

Office for Victims of Crime. (2014). Strengthening Sexual Assault Victims’ Right to Privacy. Retrieved from https://ovc.ojp.gov/sites/g/files/xyckuh226/files/publications/infores/VictimsRightToPrivacy/pfv.html

Office for Victims of Crime. (2024). Maintaining Confidentiality. Retrieved from https://www.ovcttac.gov/taskforceguide/eguide/3-operating-a-task-force/32-information-sharing/maintaining-confidentiality/

Society of Professional Journalists. (2014). SPJ Code of Ethics. Retrieved from https://www.spj.org/ethicscode.asp

U.S. Department of Justice. (2016). Crime Victims’ Rights Act. Retrieved from https://www.justice.gov/usao/resources/crime-victims-rights-ombudsman/victims-rights-act

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