Victims of sexual assault, harassment, and relationship violence need confidential support, advice, and resources to help them seek justice and find healing. For this reason, the Victim Services Division of the United States Department of Justice has enacted the System-wide Advocate Response Collaborative/Sexual Harassment Assault Response Programs (SARC/SHARP). This program promotes the safety and well-being of victims and requires that sexual assault prevention and response specialists be present at all military installations. But what law protects the communications exchanged between SARC/SHARP specialists and victims?

What is the SARC/SHARP Program?

The SARC/SHARP program provides confidential advocacy services to victims of sexual violence in the military. SARC/SHARP specialists are specifically trained to respond to incidents of sexual violence and provide resources and assistance to victims, such as obtaining medical care, access to counseling, reporting options and more. In order for SARC/SHARP specialists to effectively provide help to victims, they must be able to maintain a high level of confidentiality between themselves and the victim.

The Role of Military Privacy Act

The process of providing confidential services to victims requires the protection of personal information. The Military Privacy Act (MPA) was enacted to help protect the confidential communication that occurs between SARC/SHARP specialists and victims. This law establishes strict guidelines on how military personnel can use and handle private information. It requires personnel to use secure methods to transmit private information, and sets out the parameters for when and how personnel can store and process private information. In addition, the MPA also requires personnel to obtain consent from victims before they can share any personal information with outside parties. The MPA’s rules provide protection for victims and ensure that their personal information is secure.

Supreme Court Ruling

In 2014, the Supreme Court ruled in United States v. Jones that law enforcement must obtain a search warrant before they can gather evidence of a crime, even in the cases of military sexual assault. This ruling reinforces the protection of the communication exchanged between SARC/SHARP specialists and victims. By requiring a warrant, the court affirmed that victims’ confidentiality must be respected and their private information must remain secure.

Conclusion

The communications exchanged between SARC/SHARP specialists and victims are protected by the Military Privacy Act and the Supreme Court ruling in United States v. Jones. The MPA sets out guidelines for safe sharing of confidential information, while the ruling affirms that law enforcement must obtain a warrant before gathering evidence of a crime. By ensuring the protection of confidential communications, the MPA and Supreme Court ruling help SARC/SHARP specialists provide victims with the confidential support they need.