The Akron Legal News

Proposal would eliminate identifiers of sexual assaults on police reports

KEITH ARNOLD
Special to the Legal News
Published: July 26, 2019

Ohio senators this week heard from a woman who describes herself as a rape victim and supports a seemingly straightforward bill that would eliminate nearly all personal identifiers of victims of sexual assault in law enforcement online reports.

Alisa Alfaro suggested shielding identifying information about sexual assault and domestic violence victims would allow for them to keep some shred of dignity and privacy while working through the criminal justice system and afterward.

"First, as victims to such crimes, we already have issues with reporting," Alfaro told committee members. "The National Justice Institute reported that as many as 64 percent of the victims do not report.

"That statistic is shocking. That same report stated that self blame or guilt, shame, humiliation or a desire to keep the assault private were the most cited reasons for not reporting."

The bill, filed as Senate Bill 17, would prohibit a law enforcement agency or employee of a law enforcement agency from including in any report published online any of the following information that identifies an alleged victim of rape or sexual battery:

Name;

Date of birth;

Home or work address;

Social Security number;

Age;

Telephone number;

Email address; or

Any other information that is likely to identify the alleged victim.

The bill defines law enforcement agency as a municipal or township police department, sheriff's office, state highway patrol, federal law enforcement, county prosecuting attorney, the U.S. Attorney's office or a state or local governmental body that enforces criminal laws and that has employees who have a statutory power of arrest.

Alfaro told lawmakers that a stigma surrounding these sorts of crimes remains in modern society.

"Without doubt, the question of promiscuity, wardrobe, sobriety or honesty come up when a victim is public about her story," the woman said. "We are vilified when we come forward. We are aware of the many recent high profile cases but a simple perusal of the comments in any story regarding rape and you'll see the victim blaming and shaming.

"Now, anyone can do a simple search and find the information which could be used to bully, intimidate or malign another in any number of situations both professionally and personally."

Sen. Nickie Antonio, D-Lakewood, a joint sponsor of the bill, cited data that noted about five in 1,000 reported rapes end in conviction.

"Therefore, if a case does not end in a conviction, the survivor can have the confidence that their assailant will not be able to find their personal information online," the lawmaker said. "This bill will protect survivors and will give them confidence in the criminal justice system."

Ohio Domestic Violence Network Executive Director Mary O'Doherty told senators that the bill is a necessity in a plugged in world.

"Many states, including Ohio, have address confidentiality programs for victims of domestic and sexual violence and stalking so that survivors do not have to give out their home addresses," she said. "Despite state and federal laws, in this age of advanced technology, increased data collection, and increased data sharing, it has become more difficult than ever for survivors to limit the sharing of their personal information.

"Sensitive information can be exposed, leaving survivors unwilling to disclose their abuse and get help."

Alfaro recounted her own experience in doing a basic internet search of the offense.

"Anybody could see it," she said. "Any potential employer, family member - anyone could see that I was raped.

"A simple google search and the most intimate, soul sucking crime out there and anyone would know. This is a problem on a number of levels."

SB17 joint sponsor Sen. Kenny Yuko, D-Richmond Heights, said no victim of such a crime should have to face the choice between reporting a crime and maintaining the security of their privacy.

"It is important to provide survivors with the peace of mind that their personal information cannot be discovered via a simple Google search," the lawmaker said. "I was first made aware of this issue by a constituent who has been personally affected.

"Last spring, the constituent was sexually assaulted and reported the incident to the local authorities. While pushing the case forward, the constituent learned that any survivor who reports a crime of sexual assault could be found online."

He said since the bill's first introduction last session, several more constituents have contacted the senator to advise how they have been affected similarly.

Five fellow senators have signed on as cosponsors of the bill, which had not been scheduled a third hearing at time of publication.

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