Newly proposed state legislation looks to keep confidential the names of victims and witnesses of certain crimes including rape, stalking and harassment.
But some critics argue that these changes decrease transparency and could hinder journalists and other public investigators from seeing all the facts of a case.
UNM was among the top supporters for the legislation, which would change some processes for UNMPD reports.
“We want to create an environment where victims and witnesses feel comfortable coming forward and reporting a crime,” said Nasha Torrez, Dean of Students.
As dean, Torrez is responsible for campus sexual assault support programs and assisting student victims in navigating the legal process.
After amendments, the bill received unanimous approval by the Senate Judiciary Committee, and the legislation was heard on the Senate floor.
The amendments refined the scope of the legislation, and specified that law enforcement officers would be included in public documents. It also clarified that entire records would not be removed from public access, only the names of victims and witnesses.
Torrez, an adamant supporter of the bill, was involved in drafting and introducing the legislation, said Sen. Jacob Candelaria (26th District, D), who sponsored the legislation.
“I wouldn’t advocate for this position if I didn’t think this had a real impact on people and have the potential to change the course of their lives,” Torrez said.
Candelaria reiterated her concern.
“We owe it to victims of sexual assault to do everything we can to protect them from any form of future violence,” Candelaria said. “This bill would help make sure that victims of sexual assault are protected from retaliation and intimidation, whether they are a student or a community member.”
As it stands, an assault committed on campus— reported to the Dean of Students— must be kept confidential, pursuant to federal law. If the assault is reported to UNMPD, federal law no longer applies and the information, including the names of victims and witnesses, are made public.
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Under the new legislation, UNMPD reports would not include the names of victims or citizen witnesses.
Candelaria argues New Mexico law should mirror Federal ones to protect students and community members alike.
Critics, however, say expanding public record exemptions may limit the public’s ability to monitor investigators.
“When the public lacks full information the truth can be more easily hidden,” said Peter St. Cyr, Executive Director of the New Mexico Foundation for Open Government.
The Daily Lobo is an organizational member of the Foundation for Open Government.
St. Cyr, who testified during the Senate Judiciary Committee hearing, argued that the “names of accusers and victims are essential” to public records. Excluding them would make police records less effective and hinder media investigations, he said.
Most media outlets— including the Lobo— do not report the names of rape or assault victims, but there is no law banning such reporting.
Despite this, Torrez noted that a victim’s name, if reported, could “be shared through social media at the click of a mouse.”
St. Cyr insisted journalists rely on public records in their reporting.
“How can the public stay informed on crimes when the accusers’ and witnesses’ names are kept off the record?” he asked.
SB 149 would remove the names of victims and witnesses, leaving the remaining record intact. As it stands, the names of alleged perpetrators are removed from public records.
“There’s no equality,” Torrez said, arguing that the victims should be allowed the same anonymity the accused receive.
Candelaria also noted witnesses may be targeted if included in the record.
“Subjecting witnesses who may provide vital testimony,” he said, “to intimidation or any kind of violence is directly contrary to the ideals of the criminal justice system and public safety.”
In 2016, only two requests were made to the University to access cases regarding sexual assault and both were filed by members of the press, according to UNM Public Records request logs.
For St. Cyr, the lack of pertinent requests means the legislation “is a solution looking for a problem.”
He also argued the bill was an anti-transparency bill, decreasing the dependability of public offices.
“If they’re going to make a complaint to a public office, their names should be public,” he said.
Torrez said this legislation will mitigate the complexities that make it difficult for victims.
“I’m trying to create more avenues for students to consider their options,” she said, saying students may not understand the differences between reporting to the Dean and to UNMPD.
The bill will head to the State House and Governor’s Office for a vote.
Brendon Gray is a news reporter for the Daily Lobo. He can be reached at news@dailylobo.com or on Twitter @notgraybrendon.
