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Crime Victim Anonymity
Most states and the federal government have adopted laws which allow victims of crime to remain anonymous to the public, and to have certain parts of their personal history kept out of court, under certain circumstances.
These laws usually apply to victims of sexual assault. Under the Federal Rules of Evidence, any information about an alleged rape victim’s sexual history cannot be considered. This is based on the idea that the defense should not be able to paint the alleged victim in a negative light, since her past sexual history is not relevant to the question of whether or not she consented in one given case.
In some states, victims of certain crimes also enjoy a right to complete anonymity. This usually means that no court official can release the name of an alleged victim of rape or sexual assault to the public. When these laws were first passed, they often applied to media outlets, as well.
However, the U.S. Supreme Court has repeatedly held these laws to be unconstitutional as applied to the media, on the grounds that they violate a reporters’ rights to free speech.
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