Press Identification of Victims of Sexual Assault: Weighing Privacy and Constitutional Concerns

Abstract

A review of case law dealing with the identification of rape victims reveals both ongoing tensions among court, press, and victims, and continuing constitutional concerns. This study finds that public records laws that shield identities of rape victims shift the burden to public officials to protect the victims, and some victims have successfully sued when their names were inadvertently released to the press. This has had a chilling effect on officials. Because the legal avenues recommended by advocates of the protection of rape victim identities face constitutional and practical obstacles, the decision of whether to publish names or not seems—for now—to be left up to the press.