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Abstract: 

This multipart article examines the application and diminishment of privacy protections afforded to victims of crime. The first part focused on the Kobe Bryant case as an example of the intrusion on crime victims’ privacy rights that has been tolerated, if not altogether encouraged, by society at large. (Roslyn Myers, “Privacy Protections Afforded to the Counseling Records of Crime Victims, Part I,” 7 (4) SLR 57 (Jun./Jul. 2006).) The Bryant case is an even more pernicious example than other cases because the infringement on the victim’s privacy rights were rationalized as part of the overriding imperative of zealous legal advocacy. The extreme nature of adversarial proceedings, which are the hallmark of the U.S. legal system, have dissuaded victims from prosecuting or even reporting crimes. Estimates of the percentage of crimes that are not reported range from 16% to 63%. It surprises no one that fears of privacy invasions have prevented many victims from fully exploiting the benefits of therapy and counselling after a crime.

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Affiliations:  1: Fordham Law School.