AG Rosenblum avoids direct reference to Shelly Kerr and Doug Park, in endorsing bill to keep counseling records private 04/04/2015
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GUEST VIEWPOINT
Oregon must protect privacy of college sexual assault victims
We like to think of college as a wonderful time of growth and learning. The reality in Oregon, however, is that college can be a very dangerous period for too many young women.
Recent events have given our students a good reason to worry that when they have been sexually assaulted and want to have the benefit of victims’ support and counseling services, they cannot trust their college to protect their privacy. That is because Oregon is one of only 10 states without confidentiality protections for victims seeking services from domestic violence or sexual assault advocates.
It is time for Oregon to step forward and ensure the privacy of victims’ communications and records. We know that many students who have been sexually assaulted are choosing not to seek critically needed help. Studies indicate that the primary reason victims of sexual assault do not come forward is that they fear disclosure of extremely private and potentially embarrassing information — without their consent. All too often, this fear is justified.
Without specialized services, a victim’s path to recovery is rocky. The feelings of shame and humiliation that arise in the aftermath of an assault can be debilitating and life-altering.
This leaves victims on campus with an awful dilemma: seek help and advocacy services, triggering an intimidating and invasive administrative process — or suffer alone. This is because many colleges and universities interpret federal law (also known as Title IX) to require investigation of all disclosures of assault, regardless of the victim’s consent. However, in the 40 states that have passed laws providing for confidentiality, private statements and records cannot be disclosed unless the victim has given her consent.
We owe it to our daughters and sons to remedy this unacceptable situation. That is why we are coming together, as a coalition of bipartisan legislators, educators, students, advocates and law enforcement to introduce legislation to address this problem. This week, the Oregon House Judiciary committee heard testimony on House Bill 3476, a bill that will ensure that victims may access services providing support and advocacy, without fear of disclosure.
A victim’s journey is difficult, and we should do everything we can to ease the transition from victim to survivor.
Addressing the problem of sexual violence on our campuses will take hard work and commitment. Our first step to recovery is to close this loophole. Please join us in urging the Oregon Legislature to pass this important piece of legislation.
Ellen Rosenblum, a Democrat, is attorney general of Oregon. This statement was also signed by Sen. Sara Gelser, D-Corvallis; Sen. Jackie Winters, R-Salem; Rep. Ann Lininger, D-Lake Oswego, and Rep. Sherrie Sprenger, R-Scio.
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