— POSITION STATEMENT—
Philosophy of Confidentiality
PENNSYLVANIA COALITION AGAINST RAPE
125 North Enola Drive • Enola, PA 17025
717-728-9740 • 800-692-7445 • TTY 877-585-1091 • pcar.org
The mission of the Pennsylvania Coalition Against Rape is to work to eliminate all forms of sexual
violence and to advocate for the rights and needs of victims of sexual assault.
Position: The Pennsylvania Coalition Against Rape believes in
protecting the integrity of the counseling relationship between
the sexual assault counselor and the sexual violence victim. The
privilege between client and counselor must be absolute, except
in those circumstances mandated by law.
Rationale:
All counseling communications must originate in confidence.
The sexual violence victim or guardian of the victim
maintains the absolute right to decide whether confidential
communications should be disclosed. Confidentiality must be
maintained and protected at all times in all settings regardless
of the consequences.
Centers must have clear guidelines and procedures for
governing the content of and access to confidential
communications, release of information, handling subpoenas
and the training and supervision of staff and volunteers.
Victims must be able to provide informed consent based on
thorough and accurate information provided by the counselor
regarding the advantages and disadvantages of disclosing
confidential communications. In no case should a victim feel
pressured into giving consent.
The victim must have absolute confidence and trust in the
counselor to develop an effective counseling relationship. Without
the assurance that all information will remain confidential, the
victim will likely be reluctant or unwilling to fully disclose her
or his innermost feelings regarding the sexual victimization.
Victims may simply choose not to pursue counseling, therefore,
severely hindering or ending the healing process. The sexual
assault counselor has the responsibility to respect and protect the
integrity of the counseling relationship at all times.
The basis of the empowerment-counseling model is the belief
that the victim regains control over all aspects of her or his life
as soon as possible after the sexual victimization.
Therefore, the sexual violence victim or the guardian of the
victim maintains absolute control regarding the release of
confidential information.
Background:
Executive Director of the Pittsburgh Action Against Rape
(PAAR), Ann Pride, refused to produce records to the court
during a rape trial in 1980 because communication between a
rape crisis counselor and a victim is privileged.
The court found Pride in contempt and remanded to jail until
she could comply with the court’s order; however, the PA
Supreme Court issued a stay of the order. PAAR subsequently
appealed and in January 1981, the Supreme Court ruled that
there was no statutory privileged communication for rape
crisis counselors. It was a landmark case across the country.
In December of 1981, a statute affording absolute confidentiality
to rape crisis counselor records (42 Pa. C.S.A. § 5945.1 ) became
law in Pennsylvania. It was the first absolute confidentiality law
in the nation. In 1992, the confidentiality law was unsuccessfully
challenged in two consolidated cases, Commonwealth v. Wilson/
Aultman (529 PA. 268; 602 A 2d. 1290 (1992), with the PA Supreme
Court ruling in favor of the centers and also ruling that the
confidentiality statute was constitutional under both the U.S. and
the PA constitutions.
The Pennsylvania Coalition Against Rape may
issue statements regarding public policy affecting sexual
violence victims and rape crisis centers. All position statements
adopted by the Pennsylvania Coalition Against Rape will be
viewed as the official position statement, the center, when
publicly or privately voicing opposition to the statement, will
do so in the capacity of an independent program and in no
way as a member of the Pennsylvania Coalition Against Rape.
Last updated June 18, 2013 © Pennsylvania Coalition Against Rape 2013. All rights reserved.
Philosophy of Confidentiality