Crime Survivors’ Right to Privacy
Publication date: July 2023
Purpose of this Publication
As a victim of crime, you have the right to be treated with dignity and respect. This includes respect for your privacy.
This publication identifies your specific rights relating to privacy if you are a victim of crime.
Do I Have the Right Not to be Contacted by the Defendant?
After an arrest, and before the trial, the defendant is sometimes released out of custody.
If the defendant is released before the trial, the court will order that they not be allowed to have any contact with you. This means that the defendant cannot contact you directly, either in person, by phone, by text, on social media, or by any other means.
It also means that someone can’t contact you on behalf of the defendant. For instance, the defendant’s friend or family member can’t contact you to give you a message from the defendant.
What Happens If the Defendant Contacts Me?
If the defendant contacts you, contact the District Attorney’s office or the victim’s advocate at the District Attorney’s office. You can also contact Disability Rights Oregon.
If the defendant does contact you in a threatening or intimidating way, the court can revoke the defendant’s release status. This means that the defendant may have to return to custody until the trial.
Do I Have the Right to Keep My Personal Information Private?
The district attorney generally can’t give your address, telephone number, Social Security Number, date of birth, bank account number, or credit card account numbers to the defendant.
You can request that the defendant not be given your address or telephone number. The court will allow this unless the defendant can show good cause why they need this information.
In some circumstances, however, the district attorney may have a duty to give this information to the defendant’s attorney. If this information is given to the defendant’s attorney, the attorney should generally withhold this information from the defendant.
Do I Have the Right to Refuse Discovery by the Defendant’s Attorney?
Before a criminal trial, both the defendant and the prosecution conduct discovery. Discovery is when one of the parties—either the defendant or the prosecution—requests information relating to the crime from other people.
Discovery includes interviewing witnesses. Discovery also includes witnesses having to turn over physical things, such as documents, computer hard drives, or physical objects that have to do with the crime.
The victim of the crime has the right to refuse an interview with the defendant before trial. That means that if the defendant, their lawyer, or their investigator asks to speak with you, you can say no.
If you want to speak with the defendant, their attorney, or investigator, you can. That is your decision. If you do, you can have the district attorney or another attorney with you during the interview.
You also can choose not to hand over any physical things before trial to the defendant, their lawyer, or their investigator. Please note that, if you hand items over to the prosecution, the defendant does have a right to those items.
If you are interviewed by the police or the prosecutor, the defendant also has a right to a transcript or video copy of that interview.
What If My Rights Are Violated?
If you have been contacted by the defendant, if your personal information has been disclosed to the defendant, or if you were required to undergo discovery, your rights as a victim may have been violated. Please contact us to discuss what your options are.
If you are the victim of a sex crime, you have additional privacy rights. Please contact us to discuss these rights.
How to Request Help
Call us at 503-243-2081 or 1-800-452-1694 ext. 243.
Send us an email at csp@droregon.org
Send us a letter at Disability Rights Oregon, 511 SW 10th Avenue, Suite 200, Portland, Oregon 97205
Disability Rights Oregon operates its program, services, and activities in compliance with federal nondiscrimination laws.
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Portions of this document may be reproduced without permission, provided that Disability Rights Oregon is appropriately credited.
NOTICE: This document is not intended as a substitute for legal advice. Federal and state law can change at any time. You may wish to contact Disability Rights Oregon or consult with an attorney in your community if you require further information.
