Confidentiality and Mandated Reporting

Many people you encounter when you seek help provide confidential services, but they may also be required to report child abuse and neglect to the appropriate authorities. These include doctors, nurses, therapists, social workers, and advocacy providers, but Sexual Assault Advocates and Sexual Assault Counselors have an exception to this requirement in specific cases.

The information below describes your rights to confidentiality and the requirements around reporting child abuse and neglect under District law if you are speaking with a Sexual Assault Advocate or a Sexual Assault Counselor.

Sexual Assault Advocates are professionally trained and certified to provide confidential services, with the exceptions described below, when:

• Accompanying you to get a SANE exam and related medical care at the hospital
• Reporting to or being interviewed by police
• Being interviewed by any District agency, such as the DC Child and Family Services Agency (Child Protective Services), about what happened to you.

A Sexual Assault Advocate can be reached by contacting the DC Victim Hotline and are available 24 hours a day, 7 days a week.

Sexual Assault Counselors are professionals who work at various agencies around the city and assist victim-survivors. They may be case managers, other types of advocates, or counselors. They have received 40 hours of training to become a Sexual Assault Counselor, but that may not be their work title. When seeking mental health care or other similar services, you can ask if the person helping you is a certified Sexual Assault Counselor. If so, your information is protected under the law as described below. 

For Youth (Ages 13-17)

• You are in charge. You get to decide what to share and what happens next.
• You have the right to confidential resources. Your Advocate cannot tell anyone what you say – not your parents, teachers, friends, or anyone else – unless you give permission, except for some situations that are explained below.
• It is legally privileged. Even if someone like a judge or lawyer asks your Advocate to share what you said, the law in DC protects your privacy. Your Advocate can say no. Just know that a court can then decide that the Advocate must share it, but only after a hearing where only the judge sees the information that would be shared to determine that.

When Advocates Must Share Information (Mandated Reporting)

There are a few specific situations where your Advocate may be legally required to share limited information to keep someone safe:

1. If you say you plan to seriously hurt yourself or someone else.
   Advocates must act to prevent serious harm.
2. If the person who hurt you is not a “peer.” Advocates must inform either DC’s Child Protection Hotline or the police if the person who hurt you is any of the following:

• More than 4 years older than you are
• Your parent, legal or acting guardian, or family member by blood, marriage, or adoption
• Lives off and on or permanently in the same household as you
• Was responsible for your health, welfare, or supervision at the time the incident happened, or was that person’s spouse, domestic or romantic partner
• Works or volunteers at any school, religious institution, or medical, athletic, recreational, social, or youth facility; this includes doctors, clergy, teachers, coaches, counselors, youth leaders, bus drivers, and anyone else who has control or authority over youth or children.

 This is because the law says certain types of abuse must be reported to police or Child and Family Services Agency (Child Protective Services) to help keep young people safe.

For Adults (Age 18+)

If you have experienced sexual violence, you deserve support, safety, and space to heal on your own terms. When you talk to an Advocate or a Sexual Assault Counselor after a sexual assault, what you say is private and protected by law. That means:

• You decide what to share and what actions, if any, you want to take.
• Your Advocate cannot tell anyone what you say – not the police, not your family, not a hospital – unless you give permission.
• Your relationship is legally privileged. That means even a court generally cannot force your Advocate to share what you have told them.
  • If a court decides that the Advocate must share it, they will do so only after a hearing where only the judge sees the information that would be shared to make that determination.

When Advocates Must Share Information

There are a few specific situations where your Advocate may be legally required to share limited information to keep someone safe:

1. If you say you plan to seriously hurt yourself or someone else.
   Advocates must act to prevent serious harm.
2. If you disclose that a child is being abused or neglected.
   This includes your own child or any child close to you. Advocates are mandatory reporters in these situations and must notify Child Protective Services (CPS).
3. If you share that you were abused as a child, and you give details that suggest the person who harmed you is still around children now.
   Advocates may be required to report to protect those children.

If Your Advocate Needs to Make a Report

If your Advocate needs to make a report, they will:

• Tell you before it happens
• Explain exactly what will be shared – not everything you shared with them is required
• Support you through the process
• Stay by your side every step of the way

No matter what, your Advocate is still your support person, and you are not in trouble. Their job is to help you feel safe, heard, and empowered.

If you have concerns about confidentiality or mandated reporting, visit Get Help in the City to find an attorney. Attorneys can speak with you about your situation under attorney-client privilege, which means attorneys are not required to report child abuse and neglect.