Sexual assault is a violation in one of the most significant ways there is, and many survivors feel that pursuing any kind of report or investigation can act to re-violate and traumatize them. This is one of the reasons that confidentiality in sexual abuse cases is critical to helping survivors get the support and closure they need.
The California sexual abuse attorneys and the entire team at The Senators Firm take confidentiality seriously both in adherence to the law and because we understand how important it is for our clients.
Your Options for Confidentiality in a Sexual Abuse Case
We understand that many survivors are hesitant to pursue charges against the person who abused them, and that this is often due to wanting privacy.
In some instances, you can attend court or provide testimony from a separate space via video, which can prevent you from seeing your attacker face to face and prevent them from seeing you. Depending on the jurisdiction and your situation, you may have other options for minimizing the amount of information made public and who can gain access to it during court proceedings.
Anonymous Court Filings
Many jurisdictions will allow survivors to file their cases under a pseudonym. These are often something like Jane or John Doe. This protects the survivor’s identity from being released in public court records. In these cases, it is typically only the judge, the attorney, and the defendant who will know your legal name.
Protective Order
In some circumstances, you may be able to obtain a protective order that limits how broadly the defendant’s attorney can share your identity. Some individuals, such as court staff and expert witnesses, may learn your identity, but they typically do so under confidentiality agreements.
Sealing Your Court Records
A common practice in sexual abuse cases is sealing court records. This often includes documents such as medical records or therapy notes. While California does not automatically seal these, you can often secure additional privacy upon request.
Redacting Documents
While many jurisdictions may close the room to the public for sexual assault cases, the documents used in evidence are often still part of the public record. However, your attorney may request that certain information be redacted. This typically includes your name, address, and any other information that can reveal your personal information.
California Laws That Protect You As A Sexual Abuse Survivor
One of the most commonly referenced laws that protect your privacy as a sexual abuse survivor is the Rape Shield Law. This prevents the other side from trying to use your previous sexual behavior or encounters against you to minimize the harm their client caused. Whether you have an extensive sexual history or none to speak of has no bearing on whether you consented to an encounter with your abuser.
Beyond protecting your privacy, California has established a Bill of Rights for survivors of sexual abuse. This includes providing a free forensic medical exam and the right to have the exam stored for 20 years after processing. Regarding privacy concerns, the police may not use any of your own DNA evidence against you. The samples are taken to identify your perpetrator, not you.
The Choice to Pursue Charges is Deeply Personal
If you have any questions or concerns about your rights and privacy should you choose to pursue charges against your abuser, it may be beneficial to speak with an attorney. While we cannot predict what will happen, our team will help you understand your options, the precautions we take to protect your privacy, and what we can request from the courts to further protect your peace.