2023 Advocacy Agenda
Advocate Confidentiality HB0686 Freeman / SB1205 CamPbell
Confidentiality is a core element of effective domestic and sexual violence advocacy. By protecting communications between a victim and an advocate, victims will be encouraged to seek needed services in a safe environment. The bill amends T.C.A. 40-38-115 in order to provide statutory protection for trained victim advocates.
According to the 2017 National Center on Protective Orders and Full Faith & Credit report, over two-thirds of states’ and territories have confidentiality statutes for victims and their advocates.
Specifically, 37 state legislatures and two territories protect certain communications from disclosure in court, including those communications between a victim and non-licensed counselors who specialize in victim assistance. This expansion allows protection outside of the traditional patient-psychotherapist relationship that may not be an accessible or affordable option for many victims of domestic violence and sexual assault. (National District Attorneys Association and the National Center for Prosecuting of Violence Against Women, Victim Advocate Confidentiality, 2009.)
Several laws recognize a confidential privilege between victims and advocates, specifically the Violence Against Women Act (VAWA) and the Family Violence Prevention and Services Act (FVPSA). Formal legal recognition of confidentiality reinforces the long-standing ethical duty to protect a survivor’s control over personal information. (Confidentiality Institute, A Primer on Privilege and Confidentiality For Victim Services and Providers, 2015.)
What does this bill do?
This bill would prohibit advocates from being examined in any judicial, legislative, or administrative proceeding regarding any communication between the advocate and victim unless disclosure is required by law or otherwise authorized in this section.
The privilege belongs to the victim and may only be waived by the victim in writing.
“Advocate” means an employee or volunteer of a domestic violence shelter, crisis line, or victim's services provider that provides services for victims of domestic violence, sexual assault, stalking, or human trafficking. “Victim” means a person seeking assistance because of domestic assault, sexual assault, human trafficking, or stalking, whether or not the victim seeks or receives services within the criminal justice system.
Advocates must receive 20 hours of relevant training from a victim service provider.
This bill does NOT create a new Rule of Evidence.
A few exceptions apply including: Advocates must still disclose child and elder abuse; a court has discretion for in-camera review of communications upon petition by a party.