Discussion List for campus-based and allied personnel working to end gender-based violence on campus.

Dear colleagues;

I received so many requests backchannel, it was easier for me to go back to 
an old computer and send it by email - sorry for the poor formatting - 

you'll note that it is highly specific to massachusetts, however, most states 
have analogous provisions -- 

i don't mention HIPAA -- which is important -- 

enjoy

Wendy Murphy


Wendy J. Murphy, J.D.
 Victim Advocacy and Research Group
New England School of Law - 154 Stuart Street
 Boston, MA 02116

 -- 617-422--7410

PRIVILEGES AND CONFIDENTIALITY RULES APPLICABLE TO CRIME VICTIMS

    Statute/Law         Purpose

    1.  G.L.c.265, §24C     Prohibits public dissemination of                 
  
        police and court records containing
                        the name of a sexual assault victim.

    2.  G.L.c.233, §20A     Protects communications between a                 
  
        victim and a priest or other                                religious 
counselor.

    3.  G.L.c.233, §20B     Protects communications between a
                        victim and psychotherapist.

    4.  G.L.c.233, §20J     Protects communications between a
                        victim and a rape crisis counselor.
        
    5.  G.L.c.233, §20K     Protects communications between a
                        victim and a domestic violence                        
  
counselor.

    6.  G.L.c.41, §97D      Prohibits public dissemination of                 
  
        communications between a victim of                          sexual 
violence and police.

    7.  G.L.c.112, §135,    Protects communications between a           135A, 
135B            victim and a social worker.

    8.  G.L.c.233, §21B     Limits admissibility of information               
  
        pertaining to a victim’s prior                          sexual 
conduct and reputation.        
    9.  G.L.c.111, §70      Limits release of victim’s medical                
  
        records.

    10. G.L.c.111, §70E     Limits release of communications and              
  
        records of communications involving                         hospitals 
and physicians.

    11. G.L.c.111, §119     Protects information pertaining to                
  
        venereal disease and other sexually                         
transmitted diseases.

    12. G.L.c.123, §36      Protects communications and records               
  
        of Department of Mental Health                          patients.
    13. G.L.c.123B, §17     Protects communications and records 
                        of Department of Mental Retardation
                        patients.

    14. G.L.c.119, §51E     Protects information and records
                        of Department of Social Services
                        investigations.

    15. G.L.c.19C, §§5,10   Protects information and records
                        pertaining to investigations of 
                        the Disabled Persons Protection                       
  
    Commission.

    16. G.L.c.111, §70F     Protects information regarding                    
  
    the results of an AIDS/HIV test                         and the identity 
of test subject.
                        
    17. 42 C.F.R.Part II    Protects communications involving                 
  
        drug and alcohol treatment in                               federally 
funded facilities.

    18. G.L.c.111B, §11     Protects information regarding drug         and 
c.111E, §18       and alcohol rehabilitation in state                         
funded facilities.

    19. G.L.c.112, §172     Protects communications between a                 
  
        victim and an “allied mental health                         
counselor”.   

    20. G.L.c.258B, §3(h)   If requested, gives victims involved              
  
        in the criminal justice process                             
protection against public                                 dissemination of 
personal       
                        information such as address,                          
  
    telephone, place of employment                          and/or school. 

    21. Common law doctor/
        patient privilege   Protects communications between a                 
  
        victim and a physician.
    
    22. Common law attorney/
        client privilege    Protects communications between a
                        victim and a private attorney.

    23. G.L.c.233, §20      Protects communications between a
                        victim and a spouse.

    
    24. G.L.c.214, §1B      Protects against unreasonable                     
  
        interference with privacy.  

    25. U.S. and Mass.      Guarantees right to privacy in          
Constitutions     “personal matters”.

    26. G.L.c.112, §129A    Protects communications between a
                        victim and licensed psychologist.

    27. G.L.c.266, §120F    Protects against unauthorized access
                        to computer system.

    28. G.L.c.272, §99      Protects against interception of 
                        wire and oral communications.

    29. G.L.c.175, §108E    Prohibits companies from                          
  
        disclosing information pertaining to                        the 
administration of insurance                           benefits regarding 
outpatient 
mental                      health care of an insured.

    30. G.L.c.176B, §20     Prohibits medical service                         
  
    corporations from disclosing                                information 
regarding outpatient                          mental health care of a 
subscriber.

    31. G.L.c.176A, §14B    Prohibits nonprofit hospital service              
  
        corporations from disclosing                                
information regarding outpatient                          mental health care 
of a 
subscriber.

    32. G.L.c.176G, §4B     Prohibits HMOs from acquiring or                  
  
        disclosing  information regarding                           
outpatient communications between a                       subscriber and a 
psychotherapist.

    33. G.L.c.175I, §13     Prohibits insurance companies from                
  
        disclosing  “personal or privileged”                           
information received in connection                            with an 
insurance 
transaction.

    34. G.L.c.66A, §2       Prohibits state agencies from                     
  
        releasing “personal data” under the                        public 
records law.

    35. G.L.c.71B, §3       Prohibits disclosure of special                   
  
        education records.

    36. 603 C.M.R. 23.00(4) Protects public school records.
    
    All these privacy rights, privileges and confidentiality rules are 
subject to various limitations, exceptions and waiver provisions in the 
criminal and 
civil justice systems.  

    *Privileged records of juvenile victims are entitled to no  less 
protection than those of adult victims”. Commonwealth v.     Pare, 427 Mass. 
427 
(1998).
        


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While others are asking about handouts, I was wondering if anyone would be 
willing to share any good handouts that you might have about defining sexual 
violence and/or issues of consent. 
Thank you so much,
Linda Anderson

*************************************************************************
Linda A. Anderson, Ph.D.
Coordinator of Sexual Assault Support Services
Licensed Psychologist 
University Counseling and Psychological Services
500 Snell Hall
Oregon State University
Corvallis, Oregon  97331
Phone: (541) 737-2131    SASS Helpline: 737-7604
Fax: (541) 737-2518
E-mail: 

 
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