DOVER – Recognizing the challenges victims often face in the aftermath of crime, the House passed two bills on Tuesday aimed at improving privacy protections and financial support available to survivors across the state.
Sponsored by Rep. Krista Griffith and Sen. Nicole Poore, House Bill 213 (S) would help to create a safe space for survivors of abuse seeking support by establishing that communications between a victim and a victim advocate are confidential, with a few limited exceptions.
“It takes tremendous courage for survivors to reach out for help. When they do take that brave step, they deserve the peace of mind that their conversations with the professionals who are there to help them will remain confidential,” said Rep. Krista Griffith.
“Advocate privilege is recognized across the country as a best practice because it allows victims to speak openly, access the support they need, and ultimately it helps to make sure that justice can be pursued.”
Under HB 213 (S), communications between victims and victim advocates could only be disclosed in limited circumstances, including when required under mandatory reporting laws or when relevant to child custody or abuse proceedings.
Victim advocates are defined as employees, or volunteers supervised by employees, of a victim services agency who have completed at least 20 hours of documented advocacy training. They provide supports such as counseling, crisis intervention, emergency assistance, and guidance through legal proceedings.
“This legislation is crucial to our continued efforts to uphold victims’ rights, the principles of due process, and the pursuit of justice,” said Sen. Nicole Poore.
“No survivor of abuse should have to worry that their conversations with a victim’s advocate are not confidential, and this effort will further guarantee that victims receive the support they need.”
Sponsored by Rep. Eric Morrison and Sen. Elizabeth “Tizzy” Lockman, HB 293 expands eligibility for assistance through Delaware’s Victims’ Compensation Assistance Program (VCAP) to include crimes that contain the characteristics of a hate crime.
“This program exists to help people impacted by some of the most horrific crimes begin to rebuild their lives,” said Rep. Eric Morrison.
“We know that hate crimes can leave lasting damage – physically, emotionally, and financially. Expanding this program to include victims of hate crimes is the right thing to do and will help ease the burden victims face as they recover.”
VCAP helps victims and their families cope with the financial burdens that often follow violent crime by providing compensation for certain related losses. The program, funded through a surcharge on court fines and penalties, can help cover costs such as lost wages, medical expenses, mental health counseling, and funeral expenses.
“Hate crimes can cause devastating, lasting emotional damage to victims, and expanding the Victims Compensation Assistance Program to cover these crimes will ensure that victims are not left with financial burdens as a result of their experience,” said Senate Majority Whip Elizabeth “Tizzy” Lockman.
“This legislation reaffirms our commitment to making sure victims of these heinous crimes will never be left behind.”
Both HB 293 and HB 213(S) now head to the Senate for consideration.