2.1.4 Confidentiality and Victim Blaming

Many countries now have laws that protect the confidentiality of what survivors share with advocates.

Even in places where an advocate’s confidentiality is not yet legally protected, courts often rule that because counselling the client is so valuable, as far as the role it plays in helping the survivor to feel safe, the benefit of confidentiality outweighs the need for the court to know every bit of information about the assault.

Confidentiality has helped to prevent victim blaming within the court system, which is when the survivor is held responsible for the crime that was committed against them.

Victim blaming may happen during a court case if information is shared that the survivor was drinking, wearing a certain type of clothing, or invited the perpetrator to their home.

Rather than holding the perpetrator accountable for the crime that they committed, the assumption of society and the court may be to blame the survivor for what happened.

For this reason, confidentiality and the survivor’s right to privacy protect them. An advocate or service provider’s assertion of privilege can prevent the disclosure of confidential information.