Chapter 9

Ethics In Victim Services[^1]

Dana DeHart and Melissa Hook[^2]

*The purpose of this chapter is to encourage the use of ethical
standards to further the evolution of victim assistance as a
professional discipline. The chapter includes four sections:*

***Introduction to ethics and ethical standards** provides a brief
history of ethics and the professional development of victim service
professional standards through the National Victim Assistance Standards
Consortium.*

***Values and response to crime victims** describes the distinction
between personal and professional values and helps participants
understand the impact of both on the victim service provider's response
to crime victims.*

***Ethical decisionmaking and ethical dilemmas** describes the steps of
an ethical decisionmaking model and considers them in relation to common
ethical dilemmas.*

***Educating yourself about legal and policy issues** provides
guidelines to research and reflect upon ethics in the victim service
provider's own jurisdiction, discipline, and place of employment.*

## INTRODUCTION TO ETHICS AND ETHICAL STANDARDS

This section provides an introduction to the concept of ethics and to
the *Ethical Standards for Victim Assistance Providers* developed by the
National Victim Assistance Standards Consortium (NVASC). NVASC is a
multidisciplinary group of victim service experts formed for the express
purpose of creating standards of competency and credentialing in the
victim services discipline.

**The Evolution of Ethics**

For thousands of years, philosophers, scientists, and teachers have
contemplated matters such as the meaning of life, what behaviors are
most valued, and the distinction between right and wrong behavior.
Perhaps the tendency to pursue such matters is just part of being human
or necessary for surviving peacefully. Aristotle in the neo-Greek era
taught that leading a virtuous life was the path to happiness and life
satisfaction.

As humankind evolved, societies developed their own systems of moral
principles based on values. Values are ideals that society upholds as
reflective of the way the world should be and how people should act
toward one another. It is interesting to note that many of these moral
principles are nearly universal regardless of culture or historical time
period. For example, most societies expect members to refrain from
murder, rape, theft, assault, slander, and fraud. The standards almost
always reflect the virtues of honesty, compassion, and loyalty.

Moral principles are the foundation of ethics, which is the professional
discipline dealing with standards of right and wrong that serve as a
guide for human behavior. Ethics are usually stated in terms of
obligations, benefits to society, fairness, or specific virtues.
Developing a code of ethics has been an essential part of all
professional disciplines since the ancient professions of medicine and
law were established. The earliest known professional code, for
instance, was developed in ancient Greece in the fourth century B.C.
when Hippocrates initiated a movement calling for all physicians to
exhibit a high level of professional and ethical behavior. As a guide
for this behavior, the Hippocratic Oath was adopted by medical doctors
throughout the ancient and medieval world and continues to serve as the
inspiration for modern codes of ethics in the field of medicine.

Victim assistance began as a grassroots movement in the late 1960s but
is now evolving as an established profession. As such, there exists the
need for ethical principles to guide the practice of victim services.
When a profession establishes a code of ethics, it serves several
purposes. It safeguards the reputation of the profession, protects the
public from exploitation, and furthers competent and responsible
practice. The victim assistance ideals of *do no harm, care for others,
eliminate injustice,* and *treat others as one wishes to be treated* are
all rooted in centuries of ethical reasoning and inform most ethical
codes in the helping professions.

**Standards in Victim Services**

The professional evolution of victim services has given rise to a wide
diversity of organized community- and systems-based organizations whose
service to crime victims range the entire gamut of the justice
experience. As this evolution has continued, there has been a call on
many levels for greater accountability by victim assistance providers,
with many victim assistance organizations and coalitions drafting codes
of ethics for use by their memberships. This is a natural progression
paralleled in other disciplines and is well-founded for a movement
increasingly recognized by the juvenile and criminal justice systems,
academia, and the public at large as a credible and much-needed service.
To facilitate use of such ethical codes and to promote consistency and
quality of standards, the National Victim Assistance Standards
Consortium (NVASC) developed a set of model program, competency, and
ethical standards for the field of victim assistance.

NVASC was created in 2000 by the Office for Victims of Crime at the U.S.
Department of Justice with the express purpose of creating model
standards of conduct for the field of victim assistance. To do this,
NVASC researched existing standards in victim assistance and similar
professions, polled the field of victim assistance, and utilized the
expertise and experience of a representative and diverse core of victim
assistance professionals. The result of this work is the NVASC
*Standards for Victim Assistance Programs and Providers* published by
The Center for Child and Family Studies, College of Social Work, at the
University of South Carolina. The document can be accessed at:
www.sc.edu/ccfs/training/consortium.html.

The book *Ethics in Victim Services* is based on the NVASC model of
ethical standards. It is designed to help victim assistance
professionals identify, analyze, and resolve the many ethical dilemmas
they face in their work on a daily basis. A CD-Rom by the same name is a
full training based on that text.

**NVASC Ethical Standards**

The foundation for the NVASC code of ethics consists of underlying
values such as client autonomy, privacy, and self-determination;
objectivity and abstention from abuse; honesty and equity of service;
compassion and respect for individuals; social responsibility;
confidentiality; and working within one's range of competence. This set
of guiding values represents the foundation from which the NVASC
developed the following 19 standards of professional conduct to guide
victim assistance providers in resolution of common ethical challenges.

##### SECTION I: Scope of Services 

**ETHICAL STANDARD 1.1: *The victim assistance provider understands his
or her legal responsibilities, limitations, and the implications of
his/her actions within the service delivery setting and performs duties
in accord with laws, regulations, policies, and legislated rights of
persons served.***

Many agencies do not provide this type of training and expect service
providers to gain this knowledge on their own or on the job. A victim
assistance provider who has an insufficient knowledge of the specifics
of the legal authority under which he or she works may unintentionally
follow unethical practices, violate the law, and/or cause harm to the
victim. The final section of this chapter contains more information on
educating oneself about legal and policy issues.

***ETHICAL STANDARD 1.2: The victim assistance provider accurately
represents his or her professional title, qualifications, and/or
credentials in relationships with persons served and in public
advertising.***

The professional and educational credentials of victim assistance
providers that pertain to their positions should be disclosed in order
to avoid misconceptions about their role in the context of service to
the victim or their responsibilities to the agency and their colleagues.
Victim assistance providers should exercise discretion in terms of
self-promotion or advertisement. For example, they should not represent
themselves as counselors, therapists, or specialists in a specific type
of advocacy if they have not received the training and accreditation
that the discipline requires. They are discouraged from using victim
testimonials or descriptions of the uniqueness of their services as a
means of self-promotion.

**ETHICAL STANDARD 1.3: *The victim assistance provider maintains a high
standard of professional conduct. ***

This means that providers must not only avoid improper behavior, but
avoid even the *appearance* of impropriety. In maintaining a high degree
of professional conduct, providers must not use their positions to
obtain special favors, privileges, advantages, gifts, or access to
services that are unrelated to agency interests or that serve them
personally. Moreover, providers must distinguish between agency and
personal points of view, and refrain from communicating a personal
viewpoint as if it were agency opinion or policy.

**ETHICAL STANDARD 1.4: *The victim assistance provider achieves and
maintains a high level of professional competence. ***

Achieving and maintaining professional competence serve the interests of
the victim, the field of victim services, and the victim assistance
provider. Victim assistance providers must keep informed of new and
pertinent developments within the field, including research findings,
newly enacted statutory guidelines, and policy changes. Being competent
also means recognizing the need for supervision or consultation and
providing appropriate referrals when task demands fall beyond the
provider's defined role and responsibilities. Providers must also be
aware of the signs of severe stress and burnout and refrain from
providing services if impaired. More information on self care is
provided in Chapter 10, "Developing Resilience."

**ETHICAL STANDARD 1.5: *The victim assistance provider who provides a
service for a fee informs a person served about the fee at the initial
session or meeting. ***

Full and accurate information concerning when payment is expected,
whether insurance may cover any expenses, how payment is handled, and
the policy regarding missed or canceled appointments must be clearly
communicated before services are delivered. Bartering---that is, the
trading of goods or services for victim assistance services---is not
appropriate except in situations wherein the victim's culture provides
for such customs, when it would be offensive to the victim to refuse
such an arrangement, when the bartering creates no potential conflict of
interest, and with the full knowledge of the provider's supervisor.

###### 

###### SECTION II: Coordinating within the Community 

**ETHICAL STANDARD 2.1: The victim assistance provider conducts
relationships with colleagues and other professionals in such a way as
to promote mutual respect, public confidence, and improvement of
service.**

Since the field of victim services is one of public service, it is
important for providers to contribute, whenever possible, to public
confidence and betterment of victim services. When engaged in
professional communication or public speaking, providers should clarify
that they are speaking on their own behalf, as a representative of their
agency, or on behalf of all victim assistance providers.

**ETHICAL STANDARD 2.2: The victim assistance provider shares knowledge
and encourages proficiency in victim assistance among colleagues and
other professionals.**

Knowledge sharing in the field of victim assistance should be carried
out in the spirit of continuing improvement of the quality of victim
services. Victim assistance providers must be ready, willing, and eager
to share their knowledge and skills with other practitioners both in and
out of the workplace, including both paid and volunteer workers. In the
case of volunteer workers, victim assistance providers should do
everything within their power to ensure that volunteers have access to
the information, training, and resources they need to do their jobs
properly and effectively. Particularly in the field of victim
assistance, service to victims involves a team approach and the
willingness to share with and listen to colleagues from various
cultures, disciplines, and philosophies.

**ETHICAL STANDARD 2.3: The victim assistance provider serves the public
interest by contributing to the improvement of systems that impact
victims of crime.**

Providers are expected to take part in professional or community
activities that support the goals of their own program or of victim
services more generally, including the improvement of justice system(s),
victim services, and/or access to such services.

***SECTION III: Direct Services***

**ETHICAL STANDARD 3.1: The victim assistance provider respects and
attempts to protect the victim's civil rights.**

In addition to basic civil rights, many state statutes and guidelines
provide for the protection of other rights, including rights around
confidentiality (discussed further in Ethical Standard 3.5) and the
right to nondiscrimination (Ethical Standard 3.9).

**ETHICAL STANDARD 3.2: The victim assistance provider recognizes the
interests of the person served as a primary responsibility.**

The provider should advocate for what the victim desires (see Ethical
Standard 3.4) and for what is in his or her best interests within the
limits of ethical standards, program policy, and state and federal laws.
It is never appropriate for a provider to offer a service only if a
victim agrees to a particular course of action. A provider may deeply
disagree with a victim's proposed course of action, but the only ethical
response is to provide as much information as possible so that the
victim can make a fully informed choice. If a conflict develops between
the provider and the victim over these choices, the provider should
explain the situation, make a referral for an alternative provider,
and/or seek outside assistance to resolve the issue.

**ETHICAL STANDARD 3.3: The victim assistance provider refrains from
behaviors that communicate victim blame, suspicion regarding victim
accounts of the crime, condemnation for past behavior, or other
judgmental, anti-victim sentiment.**

To maintain professional trust with the victim and effectively advocate
on his or her behalf, a victim assistance provider must be vigilant to
avoid doing or saying anything that might communicate suspicion, blame,
doubt, or condemnation of the victim's actions, nonactions, feelings,
beliefs, and so on, about the crime.

**ETHICAL STANDARD 3.4: The victim assistance provider respects the
victim's right to self-determination.**

Victims have the most informed perspective regarding their personal
history, victimization, and risk, and therefore they have ultimate
authority over their interests. If the provider's perceptions of what is
best for a victim are at odds with that victim's point of view,
information can be presented to enhance the victim's perspective, but
ultimately, the provider should encourage victims to make their own
decisions. If there is a conflict between what the victim wants and the
applicable state, federal, or agency authority, then the provider must
take steps to resolve that conflict, including disclosure of the
conflict to the victim and possible referral to an outside professional.

**ETHICAL STANDARD 3.5: The victim assistance provider preserves the
confidentiality of information provided by the person served or acquired
from other sources before, during, and after the course of the
professional relationship.**

A violation of confidentiality can be extremely harmful to the victim;
it can also potentially leave the victim assistance provider and/or his
or her agency open to legal liability. Since confidentiality is a
complex area of ethical consideration, due care should be taken by all
providers to be fully informed and continually current regarding any and
all legal, statutory, policy, and agency authority. Information about
confidentiality should be provided to the victim at the first meeting,
or at least at the first available opportunity if exigencies of the
first meeting do not allow it. In disclosing information regarding
confidentiality or in communicating to a victim the fact that certain
confidential information may need to be disclosed, the provider should
be prepared to address the victim's reaction to this disclosure. While a
provider or agency cannot provide specific confidential information for
statistical purposes, it is appropriate to provide it without
identifying its source. Exceptions to confidentiality are discussed
later in this chapter.

**ETHICAL STANDARD 3.6: The victim assistance provider avoids conflicts
of interest and discloses any possible conflict to the program or person
served, as well as to prospective programs or persons served.**

Conflicts of interest can arise as the result of past professional
relationships, either within the current position or through some past
employment. Previous relationships, be they familial, professional,
personal, or business, with individuals who come to a victim assistance
provider for services create potential conflicts of interest. Providers
who have survived a crime and, as a result, have entered the field of
victim services may at times be tempted to refer to their own
victimization during the counseling relationship with another victim.
The transfer of focus from the client victim's experience to the
provider's experience can be considered another kind of conflict of
interest. Victim assistance providers must be rigorous in their efforts
to discern potential conflicts of interest and step down from any job
where the conflict will lessen the quality of service they deliver.

**ETHICAL STANDARD 3.7: The victim assistance provider terminates a
professional relationship with a victim when the victim is not likely to
benefit from continued services.**

The provider should prepare the victim for the eventuality of
termination of services, particularly if the victim is unusually
vulnerable and/or derives a great deal of support from their
relationship. If referral to another professional is indicated, the
provider should obtain as much information as possible and provide this
to the victim in a timely manner. Providers are strongly discouraged
from terminating a relationship with a victim in order to pursue a
business or personal relationship with the victim.

**ETHICAL STANDARD 3.8: The victim assistance provider does not engage
in personal relationships with persons served which exploit professional
trust or which could impair the victim assistance provider\'s
objectivity and professional judgment.**

Dual relationships are sometimes difficult to avoid, particularly in
small communities. The application of the standard to avoid dual
relationships is therefore explored in the context of the potential to
cause harm. Whenever there is the potential for loss of objectivity,
conflict of interest, or the exploitation of a victim seeking help, the
mixing of personal and professional roles is not appropriate. When a
provider cannot avoid a personal or business relationship with a client,
the provider should seek counsel and supervision from colleagues
regarding his or her objectivity regarding the case and best interests
of the client. Under any circumstance, sexual relationships with victims
are the most serious violations of this ethical standard. Further, a
provider should not behave in a way that verbally or physically
indicates sexual interest toward current or former clients. It is the
provider's responsibility to act appropriately with clients and maintain
appropriate boundaries regardless of the client's attempts to initiate a
personal or business relationship. More information on boundaries can be
found in Chapter 10, "Developing Resilience."

**ETHICAL STANDARD 3.9: The victim assistance provider does not
discriminate against a victim or another staff member on the basis of
race/ethnicity, language, sex/gender, age, sexual orientation,
(dis)ability, social class, economic status, education, marital status,
religious affiliation, residency, or HIV status.**

If there is any doubt about a provider's ability to offer judgment-free
and objective assistance, the provider should seek consultation and/or
supervision. More information about personal values and responses to
victims is provided later in this chapter, and information on cultural
competency is available in Chapter 8, "Cultural and Spiritual
Competence."

**ETHICAL STANDARD 3.10: The victim assistance provider furnishes
opportunities for colleague victim assistance providers to seek
appropriate services when traumatized by a criminal event or client
interaction.**

It is common for victim assistance providers to "process" traumatic
events or other difficulties experienced in the course of their everyday
jobs. Because of limited resources, it may be difficult---if not
impossible---for providers to pursue outside intervention or support.
However, if possible, providers who are in need of formal support in the
wake of trauma should try to seek assistance from allied professions or
providers in other jurisdictions, so as to minimize the possibility of
potential professional conflicts of interest.

***SECTION IV: Administration and Evaluation***

**ETHICAL STANDARD 4.1: The victim assistance provider reports to
appropriate authorities the conduct of any colleague or other
professional (including oneself) that constitutes mistreatment of a
person served or that brings the profession into dishonor.**

A victim assistance provider must report clear violations of ethical
standards to the appropriate authorities. This would include governing
boards, funding entities, administrators, and supervisors. The victim
assistance provider should never knowingly participate in actions that
violate ethical standards. Furthermore, providers are encouraged to
self-report violations that require a written report be filed.

Since the classical Greek era, ethicists have contemplated codes of
human behavior that manifest their values and belief systems. As
societies expanded and grew more complex, ethical theories increased in
scope from rules of behavior for individuals to rules that addressed
societal well-being. Professional ethics have grown out of a need to set
performance standards within specific disciplines. The field of victim
assistance has now matured to the point where a code of ethics has
become useful to establish standards of excellence in the delivery of
services to crime victims.

## VALUES AND RESPONSE TO CRIME VICTIMS

This section is intended to raise awareness of personal attitudes,
biases, and beliefs and how these may affect the victim service
provider's responses to victims.

**Personal and Professional Values**

Providing quality services to the victims of crime depends on many
factors, but begins with the personality, moral orientation, and
subjective beliefs and opinions of the victim service provider. Victim
services are about relationships between providers and crime victims.
Therefore, the personal values of the provider and the ethical codes
that support these values will directly influence his or her
interactions in the relationship.

Before beginning, consider the following terms and their definitions:

-   *Values* are the ideals or beliefs to which an individual or group
    aspires.

-   *Morals* relate to making decisions between right and wrong.

-   *Ethics* is the articulation of standards of behavior that reflect
    those values or morals.

Victim assistance providers should remember that, when ethical
challenges arise, they may have little time to distinguish between right
and wrong before they are required to act. Inaction is often the
fallback position when stressful events happen too quickly to think
through the appropriate response. Socrates' advice to "know thyself" is
a reminder of the importance of undertaking a serious moral inventory.
Few know the strength of their moral fiber or the depth of their
character until it is tested. Victim assistance providers sometimes have
only a minute to decide what is right or wrong.

Knowing oneself ethically requires self-awareness. It is important that
providers understand their own definition of a morally good person. They
must understand how their personal values may influence their response
to challenging situations, how their religious beliefs may influence
their judgments, and how their attitudes toward the rights of
individuals may come into conflict with the broader principles of
justice.

As important as it is to understand their own moral orientation,
providers must also understand how willing they are to act on their
values and to uphold their personal ethics if they are challenged. Being
aware of the need for action, determining the right course of action,
and having the emotional and intellectual commitment to follow through
are all important factors when assessing personal values.

Professional values grow from the same basic desire as personal values
(to do no harm, help others, and make the world a better place), but
they are different in focus and content. Any conflict between a
provider's personal and professional values could affect the ethical
decisionmaking process and compromise the capacity to serve effectively
in a particular circumstance. Therefore, personal values must be
recognized and dealt with appropriately. A provider's character and
commitment, motivation, and personal viewpoint are all authentic
components of their ethical decisionmaking process. Searching for
ethical self-knowledge is necessary if they are to understand their
innate reactions when value conflicts appear.

When providing services to victims of crime, it is providers'
professional values (i.e., ethical code) that must be the key
determinants in the ethical decision-making process. Their competency,
integrity, responsibility, respect for the victim's right to
self-determination, concern for others' welfare, and social
responsibility are the professional values they will rely on to help
them deliver ethically responsible services. If a situation requires
them to choose one objective over another, it is these values that will
inform their choices.

**Competing Priorities and Conflicts of Interest**

Some of the ethical questions that victim assistance providers may face
in the service of crime victims will revolve around personal issues.
Competing priorities are part of modern life, and it is not unusual that
the pursuit of personal interests has the potential to conflict with
professional responsibilities. That is why it is important that
providers develop the tools they need to recognize and resolve
situations where their personal interests might cause ethical conflicts
in their work. This can be done by identifying their personal ethical
standards, coming to terms with the values they support, and becoming
aware of their significance in the ongoing service to crime victims. For
example, when providers have personal interests in their relationships
with clients, colleagues, or outside agencies and organizations, the
objective exercise of their duties and responsibilities may be affected.
Not only will providers' personal perceptions be challenged, but there
may be viable reasons for acting in ways that could be contrary to a
victim's interests.

Competing priorities between personal interests and professional
responsibilities become conflicts of interest when a personal or private
interest conflicts with the provider's official duty or interferes with
the provider's objective professional judgment. Some examples of
personal activities that create professional conflicts of interest in
the field of victim assistance include dual relationships, inappropriate
use of confidential information, and accepting unofficial perks.
Whenever possible, it is best to avoid any situation where there is even
a potential conflict of interest. Conflicts of interest can limit the
providers' ability to act in the best interest of the persons served
and/or interfere with their independent judgment. Trust is the core
issue. Conflicts of interest involve the abuse, either actual or
potential, of the trust people have placed in providers as
professionals. When a provider is faced with unavoidable ethical
concerns, open communication with colleagues on these matters will be
invaluable. It is important that providers share their concerns with
trusted colleagues and test their professional objectivity in
questionable situations.

**Multicultural Competency**

Sometimes, providers' own cultural biases and/or limited understanding
of other ethnicities and cultures can result in ethical conflicts that
have important and far-reaching consequences for the delivery of
services to crime victims. This area of potential ethical conflict
should be taken into account as providers assess their personal values
and moral orientation relative to their work. More information on
cultural competency can be found in Chapter 8, "Cultural and Spiritual
Competence."

While personal values and professional values often stem from the same
beliefs, they are different in content and should not be confused.
Questions over competing priorities will likely appear on a regular
basis. To make choices effectively, it is critical that providers be
clear about both their own values and the professional values and roles
inherent to carrying out professional responsibilities.

## ETHICAL DECISION-MAKING AND COMMON DILEMMAS

This section describes how to use a standard process to make ethical
decisions and to explore common ethical dilemmas that victim assistance
providers face.

**A Decision-Making Model for Resolving Dilemmas**

The practical application of professional ethical standards is not
clear-cut when circumstances involve multiple interests and
perspectives. Adherence to standards must be prioritized based on the
needs of the person served, agency policy, and state law. When a
question arises as to what is the most ethical course of professional
conduct in a particular situation, an ethical "dilemma" may exist. A
dilemma suggests that the answer is not obvious; there may be more than
one "right" answer for the situation, depending on the various interests
of the parties involved. These issues may be so complex that arriving at
a clear and ethical course of action becomes a difficult process---and
may be further complicated by common pitfalls in the resolution process.

Ethical decisions should be made in a systematic and logical way that
recognizes that there are multiple points of view in most dilemmas. Many
ethical decisionmaking models can be useful for analyzing and resolving
ethical dilemmas in victim services. Here is a six-step model:

1.  Assess facts. Review all relevant documents and legislation; and
    verify sources of all information.

2.  Identify the ethical standards and the corresponding practical
    considerations that are in conflict.

3.  Brainstorm at least three (preferably more than five) courses of
    action and the consequences of each.

4.  Consult peers or supervisor.

5.  Choose the best option and act.

6.  Evaluate---How can this situation be avoided in the future?

This model affords providers opportunity to analyze a given dilemma,
identify the practical considerations, review the relevant standards,
and reflect on actions and outcomes.

Next, we examine common ethical issues faced by victim assistance
providers, including boundary issues and multiple relationships,
confidentiality, legal advocacy versus legal advice, and professional
competence.

**Boundary Issues and Multiple Relationships**

If providers offer friendship (or love) to clients outside the purview
of their duties, or if they exchange goods and services with a victim,
then professional boundaries have been violated and a dual relationship
has been created. In a counseling or advocacy relationship, the provider
has professional influence over the victim. When a second or dual
relationship is established, the provider's influence and the victim's
subordination are generally replicated. The victim remains vulnerable to
the provider's position of power, creating an unfair dynamic in the
second relationship. This blurring of the boundaries between the primary
and secondary relationships permits intentional or unintentional abuse
of power.

Victim assistance providers who enter into dual relationships with
victims often rationalize their behavior by asserting that the
circumstances are unique or that they cannot serve the client without
making efforts that exceed normal boundaries. However, regardless of
these well-meaning intentions, crossing the boundaries of ethical
practice creates a potentially exploitive situation for the victim and
impairs the good judgment of the provider. Any time providers venture
outside the boundaries established in the professional code of ethics,
they do a disservice to the victim, who may ultimately experience
distrust and anger.

If providers engage in dual relationships or have an inclination to do
so, they should seek assistance in identifying their motivations and
request intensive supervision of their interactions with victims. If
necessary, they may need to leave their job until the ability to
maintain appropriate boundaries has been reestablished.

**Confidentiality**

Confidentiality is the foundation from which trust in the
provider-victim relationship is developed and nurtured. Serving victims
often requires that providers become involved in private and personal
areas of people's lives. Respecting the privacy of the victims served
and keeping all aspects of the relationship confidential to the fullest
extent possible is an ethic that applies to every client served. Many
providers are required to sign confidentiality agreements with their
agencies. They are also required to maintain the confidentiality of
agency records and are held accountable for adherence to the agency
policy on confidentiality.

However, confidentiality is not a *guaranteed right* in the field of
victim services. Unlike other legal rights of confidentiality, such as
the attorney-client privilege or the psychotherapist-patient privilege,
there is not a commonly established right of confidentiality between
victim service providers and their clients. Some states have
extended---most by way of the psychotherapist-patient privilege---the
right of confidentiality to domestic violence and sexual assault victim
service providers.

Even where the rule of confidentiality is established by state statute,
there are situations in which confidentiality can, and even should, be
broken. It is the provider's duty to inform a victim of these exceptions
at the beginning of the relationship (except in extraordinary crisis
situations). Exceptions to the right of confidentiality are discussed in
detail in the NVASC's *Ethical Code for Victim Assistance Providers*,
and include the following circumstances:

-   Emergency health issues (including death), i.e., information
    pertaining to the health of an individual in need of immediate
    medical intervention.

-   Conditions relating to minor victims, i.e., reports of imminent
    danger to the minor.

-   Sharing of information among agency colleagues that extends the
    confidentiality clause to those privy to the information.

-   Informed consent---a written release signed by the victim that
    permits providers to disclose written or oral communications to any
    individual or entity.

-   When subpoenaed to testify in court in some states.

-   When a confidential communication has raised a threat of imminent
    harm to either the client or a third party.

-   Child and elder abuse; in some states, providers will be mandated to
    report child and elder abuse to child or adult protective services.

-   Duty to warn---the legal obligation to inform people of danger;
    states differ regarding duty to warn and confidentiality privileges.

Regarding the latter, precedent for the "duty to warn" exception was set
by the U.S. Supreme Court in 1976 in the landmark case of *Tarasoff* v*.
Regents of the University of California*. In this case, a therapist at
the university health center failed to warn a female student that her
ex-boyfriend had made threats against her life during his counseling
sessions. The ex-boyfriend later stabbed the female student to death.
The decision cited four conditions that were necessary for the duty to
warn exception to be acted upon in a counseling relationship:

-   There should be evidence that the client presents a threat of
    violence to another.

-   The violent act must be foreseeable.

-   The violent act must be impending.

-   The counselor must be able to identify a potential victim.

It is imperative that providers be as educated as possible about the
controlling legal authority in their states with respect to
confidentiality and its exceptions as these apply to providers.

**Legal Advocacy Versus Legal Advice**

Legal advocacy to crime victims is also complicated by unauthorized
practice of law (UPL) statutes. All states have laws that limit the
practice of law to licensed attorneys, but the courts differ widely on
how they enforce the law. Generally, the courts look at UPL in terms of
harm caused by the practice of law by an unlicensed person.

Many victims of domestic violence pursue cases in court for custody and
restraining orders without the services of a lawyer, and legal advocates
often find themselves walking a fine line between assisting victims in
the legal process and UPL. The advocate can give information and support
and can make referrals to appropriate resources. For example, a victim
assistance provider can give a tour of the courtroom and explain what
typically happens in court, but he or she should avoid giving any advice
to crime victims.

Phrases to remember and to keep clear of giving legal advice include:

-   I can't tell you what to do, but some of your options are...

-   I can't predict what will happen in your case, but the usual process
    is...

-   I know that none of these choices are what you want, but which
    option will move you closer to what you need?

-   I can never guarantee what the judge/police/social services will do,
    but what usually happens is...

-   It's been my experience that women in similar circumstances to yours
    have done...but you'll need to decide what will work best for you.

When advocates find themselves saying, "you should," "what will work
is," or "if I were you," it is time to stop and figure out a way to
rephrase these thoughts in a way that puts the choice/responsibility
back on the client.

**Professional Competence**

Victim assistance providers must keep informed of all new and pertinent
developments within the field, including research findings, newly
enacted statutory guidelines, policy changes, etc. Achieving and
maintaining professional competence serve the interests of the victim,
the field of victim services, and the victim assistance provider.

Being competent also means providers must recognize when the need for
supervision or other types of consultation arise. In serving the best
needs of the victim, providers must stay within the clearly defined
range of their roles and responsibilities. If the victims' needs go
beyond these particular skills, providers must make an outside referral.
To do this, providers must be familiar with community resources
including the provider's allied professional contacts in that area.

When a victim no longer benefits from the services the victim assistance
provider has to offer, or the services are no longer relevant to his/her
needs, the professional relationship should be terminated. The provider
should prepare the victim for this eventuality, particularly if the
victim is unusually vulnerable and/or derives a great deal of support
from their relationship. If referral to another professional is
indicated, the provider should obtain as much information as possible
and provide this to the victim in a timely manner. On the other hand,
providers are strongly discouraged from terminating a relationship with
a victim in order to pursue a business or personal relationship with the
victim.

Ethical standards provide general guidelines for addressing ethical
dilemmas such as dual relationships, confidentiality limitations,
unauthorized practice of law, and maintaining professional competence.
When ethical codes come into conflict in a provider's service to a
client or among intra-agency service providers or allied professionals,
there may be many ways to resolve the dilemma. Providers who develop the
ability to analyze ethical dilemmas from all perspectives, who can
determine the victim assistance ethical codes that apply in a particular
dilemma, and who review all options with an open mind will navigate the
resolution process more effectively.

**EDUCATING YOURSELF ABOUT LEGAL AND POLICY ISSUES**

This section identifies resources to learn about legal and policy issues
that impact ethical practice in the victim service provider's own
program or jurisdiction.

As the victim assistance discipline evolves and performance standards
become institutionalized, civil liability concerns assume greater
importance. Little established statutory or case law is directly
applicable to victim assistance providers in terms of legal liability.
Issues being addressed on the state and federal level are beginning to
lay the groundwork for greater protection from liability and for
confidential privilege, but the issues are still largely unlitigated and
applied differently in different states. Therefore, providers and their
agencies should be as educated as possible about state and federal
statutes relevant to their liability in the course of their professional
duties. Most agencies and organizations are aware of the applicable
statutes; if not, victim advocates may need to address the issue with
supervisors and research applicable laws and regulations. Beyond
statutory issues, providers should also be aware of organization
policies that may influence professional ethics.

Statutes and policies to be aware of include those regarding:

-   Confidential privilege.

-   Exceptions to confidentiality.

-   Duty to warn.

-   Protection from civil liability.

-   Good Samaritan laws.

-   Mandated reporting laws.

-   Unauthorized practice of law (UPL): legal advocacy versus legal
    advice.

To find out more about state and federal laws and policy on these
topics,

-   Consult your program's policies and procedures manual.

-   Consult the local law school.

-   Contact the attorney general's office.

-   Research statutes online.

-   Check with state advocacy groups or national advocacy organizations
    such as the Victims' Assistance Legal Organization, National
    Organization for Victim Assistance, or National Center for Victims
    of Crime.

Because new state laws are passed and court decisions are filed that
impact the field, practitioners are strongly encouraged to remain up to
date on their state laws and recent court decisions as part of their
ethical competency. Often, victim assistance coalitions or advocacy
networks publish legislative updates that can be helpful in this
respect.

Finally, providers in different types of victim assistance programs are
subject to a wide variety of policy and legal authorities governing
their conduct that result in different ethical priorities. These
differences should be communicated between collaborating organizations
to ensure delivery of quality and ethically responsible services to
crime victims. When providers conflict over differences in ethical
priorities among victim service agencies and organizations that are
required to collaborate, cross-training on professional ethics may be
helpful.

Because professional ethical practice is subject to varying state and
federal statutes as well as program policies, it is imperative that
victim assistance providers take initiative to educate themselves about
applicable guidelines in their own program and locale. There exist
numerous resources for doing so at the programmatic, regional, and
national level, and providers must utilize such resources to maintain
current knowledge in an evolving ethical context.

**REFERENCES**

Center for Child and Family Studies. In press. *Ethics in Victim
Services (CD-Rom).* Publisher TBA. Retrieved August 13, 2007, from
www.sc.edu/ccfs.

DeHart, D. D. 2003. *National Victim Assistance Standards Consortium:
Standards for Programs and Providers.* Columbia, SC: Center for Child
and Family Studies. Retrieved August 13, 2007, from
www.sc.edu/ccfs/training/victimstandards.pdf.

Hook, M. 2005. *Ethics in Victim Services.* Baltimore, MD: Sidran, Inc.
and Victim Assistance Legal Organization. Retrieved August 13, 2007,
from www.valor-national.org/valorethics.html.

[^1]: This chapter is largely excerpted or paraphrased from writings
    authored by Melissa Hook with funding provided by the U.S.
    Department of Justice, Office of Justice Programs, Office for
    Victims of Crime, under grant #95 MU-GX-K002. These materials were
    subsequently published in a text, *Ethics in Victim Services,*
    (Baltimore: Sidran Institute Press and Victims' Assistance Legal
    Organization, 2005) and are used here by the Office for Victims of
    Crime with acknowledgment to the text's publisher. For more
    information about the book, visit www.sidran.org/store. Discounts
    are available for NVAA participants. Contact orders@sidran.org for
    details.

[^2]: The authors of this chapter are Dana DeHart, Ph.D., University of
    South Carolina, Columbia, SC; and Melissa Hook, District of Columbia
    Office of Victim Services, Washington, DC.