Understanding the Disclosure of Domestic Victim Location Law
In Illinois, there is a law called the Disclosure of Domestic Victim Location law, which is found in [720 ILCS 5/12-3.6(b)]. This law makes it illegal for someone to knowingly publish, disseminate, or otherwise disclose the location of any domestic violence victim if that disclosure is likely to result in, or does result in, the threat of bodily harm.
The purpose of this law is to protect victims of domestic violence by keeping their location confidential. Victims often flee abusive situations and take refuge at domestic violence shelters or other undisclosed locations to escape further abuse. Disclosing their location could put them at risk of additional harm from their abuser.
What Does the Law Cover?
There are a few key components of this law:
- It applies to domestic violence victims who are hiding from their abuser or seeking refuge at an undisclosed location like a shelter.
- It prohibits disclosing the victim’s location to others through any means – publishing, disseminating, verbally sharing, etc.
- The disclosure has to pose some risk of bodily harm to the victim, either by directly threatening them or putting them at risk of further abuse.
The law is intentionally broad to cover things like:
- Sharing a victim’s shelter location on social media
- Telling an abuser where their victim fled to
- Revealing details that could help identify the victim’s location
It does not matter if bodily harm does not actually occur – just the risk of it happening due to the disclosure is enough to violate this law.
Penalties for Violating the Law
Violating this law is a Class A misdemeanor in Illinois. This means violators can face:
- Up to 1 year in jail
- Fines up to $2,500
If the disclosure results in actual bodily harm to the victim, the crime becomes a Class 4 felony. Potential penalties increase to:
- 1-3 years in prison
- Fines up to $25,000
So there are serious consequences for improperly revealing victim locations, especially if it leads to additional harm.
Real World Examples
There are unfortunately real cases where victims have been further abused or killed after someone revealed their location:
- An abuser in California used an illegal GPS tracker to locate his estranged wife at her friend’s home. He broke in and killed her.
- A woman fled her abusive ex-boyfriend and secretly moved into her mother’s home. He showed up weeks later and shot both women, resulting in their deaths.
While the specific Illinois law was not involved, these cases demonstrate the severe outcomes that can occur when hiding places are compromised. The disclosure law aims to prevent these types of deadly incidents.
Challenges With Enforcement
A major challenge with this law is actually enforcing it and prosecuting violations. Law enforcement is often not made aware of improper disclosures until after additional harm occurs.And in many cases, victims may not even realize their location has been shared until the abuser shows up. Shelters often keep addresses very secret, so a disclosure could come from another source like a friend or family member of the victim.Additionally, some disclosures may fall into a legal gray area regarding free speech protections. Courts have upheld similar “address confidentiality” laws, but there are still unsettled areas when it comes to 1st Amendment rights.
The Importance of Victim Confidentiality
Despite enforcement difficulties, keeping victim locations secure remains extremely important. Domestic violence shelters and counselors go to great lengths to shield addresses, including using PO boxes and undisclosed buildings.
Victims rely on support systems to provide safety, healing, and resources as they escape abuse. Maintaining confidential locations is essential to make these services accessible without fear of disclosure.
The disclosure law reinforces the need for confidentiality and aims to deter unlawful sharing of addresses that could endanger victims. While no law can fully prevent determined abusers, maintaining secret locations remains vital to domestic violence protections.
Pros and Cons of the Disclosure Law
As with any law, there are good and bad elements of 720 ILCS 5/12-3.6(b):
Pros:
- Prioritizes victim safety by deterring location disclosure
- Broadly covers various disclosure methods to encompass evolving technology
- Sends a message that revealing victim locations can have serious consequences
Cons:
- Can infringe on some free speech protections
- Difficult to enforce fully and prosecute violations
- Penalties may be insufficient to stop determined offenders
- Can give false sense of security for victims and shelters
Overall the law aims to do more good than harm by reducing potentially dangerous disclosures. But it has limitations in preventing all compromises of victim locations.
Advice for Victims and Shelters
The disclosure law provides helpful protections, but victims and shelters must also take proactive safety measures:
- Frequently change locations and routines
- Carefully limit who knows shelter addresses
- Use legal remedies like restraining orders
- Have safety plans for if locations are compromised
While absolutely unacceptable, abuser persistence means complete confidentiality can rarely be guaranteed forever. Continued vigilance and backup plans are vital even with disclosure laws in place.
The Path Forward
Protecting domestic violence victims remains an ongoing challenge that disclosure laws only partially address. Some additional recommendations include:
- Increasing enforcement and prosecution of violations
- Stiffening penalties to further deter offenses
- Enhancing confidentiality training for healthcare workers and staff
- Expanding counseling and resources for victims
- Closing loopholes around digital tracking and monitoring
Like many complex issues, reducing domestic violence requires a multifaceted approach across policies, justice reforms, social support programs, and individual protections. Disclosure laws provide one aspect but cannot solve the problem alone.
Sustained efforts and innovations are still needed to make finding safety less a matter of luck and secrecy, and more a matter of victims’ rights and society’s compassion.