Domestic abuse advocate conversations would be privileged under new MN law
The Minnesota State Capitol in St. Paul, Minnesota. (FOX 9)
ST. PAUL, Minn. (FOX 9) - Domestic abuse advocates could be prohibited from sharing information provided about, or from, a victim unless they are given permission or required by a court if a new bill proposed becomes law this legislative session.
Currently, Minnesota law protects certain people from being called as a witness to reveal information shared by another person without the victim’s consent, unless they are compelled to testify by a court order. Privileged communication relationships currently include those between attorneys and clients, doctors and their patients, and members of religious clergy and those seeking advice.
Under H.F. 3509, sponsored by Rep. Kelly Moller (DFL-Shoreview), Minnesota law would now provide similar protections to apply to domestic abuse advocates, barring one from disclosing information they received from or about a victim without the victim’s permission.
"We as a state want to protect people to speak up in private, because those conversations are super helpful," said Rep. Moller during a Public Safety Finance and Policy committee hearing on Thursday. "This is trying to close a loophole and make sure domestic abuse survivors have the same privilege."
Supporters of the proposal say the change in law could lead to increased reporting from survivors – a crime they believe is underrepresented currently.
"Among the many reasons for not seeking or reporting is the loss of anonymity. Working with an advocate can provide a safe and confidential opportunity to seek access for services while responding to the trauma they have experienced," said Rana Alexander, director of finance with Standpoint MN – an attorney and advocate group against domestic and sexual violence. "Victim survivors often feel re-victimized when their records are being sought from domestic abuse survivor services."
Approved among lawmakers on Thursday without contentious discussion, the bill will face several committee hearings related to both health and data privacy before it can receive a vote of approval on the House Floor, and be signed into law by Gov. Tim Walz.