5.3.1 Privacy and Confidentiality

Before you begin safety planning, it’s essential to discuss privacy and confidentiality issues with the survivor.

Unlike lawyers, counsellors or other licensed professionals, advocate records are not protected by absolute privilege, so you need to be aware that your records could potentially be used against the survivor in court.

Records such as safety planning, notes regarding the survivor’s mental health, contact with the perpetrator or even personal testimony based on verbal conversation could be used as evidence in a civil or criminal case.

It’s important to make sure that your notes and records do not reveal anything identifying, damaging or incrimination about the survivor.

Balance your need for information with the risk of harm to the survivor, considering whether information be used against the survivor if it was brought up in court.

Your first priority as an advocate safety planning with a survivor of sexual assault is to safeguard their privacy, even if that means that certain resources are no longer an option.

Before you decide to ask the survivor about suicidal thoughts or other forms of self-harm, you must discuss your reporting obligations. They must make an informed decision whether to disclose or not because if they do so, you may be legally obligated to share that information with the health center.