What is the difference between privilege and confidentiality/restricted reporting?
Restricted Reporting enables a victim to confidentially report a sexual assault to specifically designated personnel who do not have to report the crime to the chain of command or law enforcement. These personnel include Sexual Assault Response Coordinators, Victim Advocates and Healthcare Providers. Restricted reporting is not a form of privilege which means that Sexual Assault Response Coordinators and Victim Advocates can be compelled to testify in court proceedings. In comparison, privileges are authorized by law or Rules of Evidence. In general, they allow the holder of the privilege to refuse to disclose, and prevent another from disclosing, private confidential communications in legal proceedings. Consistent with existing policy, communications with chaplains and therapists continue to be privileged under Military Rules of Evidence. However, chaplains and their penitents are the only ones who have absolute privilege. This means that a chaplain will not be compelled to testify in
Restricted Reporting enables a victim to confidentially report a sexual assault to specifically designated personnel who do not have to report the crime to the chain of command or law enforcement. These personnel include Sexual Assault Response Coordinators, Victim Advocates and healthcare personnels. Restricted reporting is not a form of privilege which means that Sexual Assault Response Coordinators and Victim Advocates can be compelled to testify in court proceedings. In comparison, privileges are authorized by law or Rules of Evidence. In general, they allow the holder of the privilege to refuse to disclose, and prevent another from disclosing, private confidential communications in legal proceedings. Consistent with existing policy, communications with chaplains and therapists continue to be privileged under Military Rules of Evidence. However, chaplains and their penitents are the only ones who have absolute privilege. This means that a chaplain will not be compelled to testify i
Related Questions
- WHAT IS THE LAW WITH RESPECT TO CONFIDENTIALITY AND CLERGY-PENITENT PRIVILEGE AS IT APPLIES TO COMMUNICATIONS WITH RABBIS?
- Was I aware of the rules and practice regarding privilege and confidentiality of draft parliamentary committee reports?
- What is the difference between privilege and confidentiality/restricted reporting?
