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NCJRS Abstract

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NCJ Number: 136412 Find in a Library
Title: Raped Once, But Violated Twice: Constitutional Protection of a Rape Victim's Privacy
Journal: St. John's Law Review  Volume:66  Issue:1  Dated:(Winter 1992)  Pages:151-177
Author(s): G F Giampetruzzi
Date Published: 1992
Page Count: 27
Type: Legislation/Policy Analysis
Format: Article
Language: English
Country: United States of America
Annotation: Identifying the Palm Beach, Florida prosecution of Globe Communications as responsible for renewing the public's interest in laws and others measures that restrict the disclosure of a rape victim's identity, attention focuses on the constitutionality of such laws and the measures that protect the privacy rights of rape victims.
Abstract: This note reviews the respective foundations of privacy rights and first amendment rights which often conflict in cases involving the publication of the identities of rape victims. It considers the constitutionality of State statutes that proscribe the reporting of truthful information such as the identity of a rape victim and discusses collateral means of protecting the privacy of rape victims, including courtroom closures and "gag orders." The Supreme Court may, under proper circumstances, uphold proscriptions on the dissemination of truthful information and collateral measures which protect a rape victim's identity. However, the Florida statute under which Globe Communications is being prosecuted is unconstitutional and that case will fail to answer the question of how the State may protect the privacy of rape victims. 164 footnotes
Main Term(s): Right of privacy; Victims rights
Index Term(s): Freedom of speech; Pretrial publicity; US Supreme Court decisions
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