Victim anonymity in NH

The New Hampshire Supreme Court is currently considering changes to how court records identify crime victims.

There’s no law in New Hampshire that dictates how victims’ names should be used in court records, which means the decision can often be left to police or prosecutors when they file a case.

Names that are concealed or left out of court records can still be accessible to the public, however, if someone files a right-to-know request.

Strict policies in other states

In some states, such as Colorado and North Dakota, there are laws that determine how some categories of victims are named in records, such as using initials for victims who are under age 18 or in sexual assault cases.

In Wisconsin, that policy is extended to all crime victims.

Should NH conceal victims’ names?

The Advisory Committee on Rules, which is in charge of suggesting changes to how New Hampshire's courts are run, has now been asked to come up with a consistent policy on naming crime victims.

Advocates for a rule requiring courts to disguise the names of victims in their records argue the policy would help protect their privacy and safety. Victims who are named could be subject to threats or harassment, or suffer further emotional trauma and harm.

“Personally, I don’t see a public interest in needing to know the proper name of a victim.”

- Assistant Attorney General Sean Gill

Others expressed concern that concealing the identity of victims could be an infringement of transparency and the public’s “right-to-know”. Others suggested the change would be pointless, as full names could still be viewed by anyone who filed an official right-to-know request.

The rules committee expects to propose a new policy when it meets in December.