Marsy’s Law isn’t in place to hide truth; it’s there to protect victims

The Sun Sentinel Editorial Board’s recent editorial, “Marsy’s

Law becomes a monstrosity,” provides readers with a narrow and one-sided view of Marsy’s Law for Florida and a recent ruling by the First District Court of Appeal.

In 2018, Florida voters approved Marsy’s Law for Florida because they understood the need for victims of crime to have a voice in a system. The law enshrined into the constitution the right to be heard and informed, but also the right to privacy. Under Marsy’s Law for Florida, victims are empowered to prevent the automatic, public disclosure of personally identifiable information that could be used to locate or harass the victim or the victim’s family. This isn’t a theoretical situation. There are countless examples of victims of crime whose information has been automatically released, causing them to be revictimized, harassed, located and threatened. It is the right of every victim of crime to protect their information. That has never once stopped the public or media from knowing the details of a crime, nor has it ever hindered a criminal investigation.

The recent state appeals court ruling honors that right. And while the court ruled that this right extends to law enforcement officers who are victims of crime, it does not mean Marsy’s Law for Florida can be used to shield law enforcement officers from accountability.

Marsy’s Law for Florida does not decide who victims of crime are. A victim of crime is labeled as such after investigations by the proper law enforcement or criminal justice agencies. These processes of investigation don’t change when there is an officer-involved incident. An investigation must take place to determine whether the officer was a victim or not. If it is found that an officer has broken the law, they are no longer entitled to rights or protections under Marsy’s Law. Their name can, and should be, released publicly — same as anyone else accused of a crime.

Investigating an officer-involved incident is a serious matter. It’s in the public’s best interest to share the information from that investigation that either exonerates the officer or leads to charges filed against them.

The appeals court ruling also further clarified the rights of victims, something lost when reports are only focused on one aspect of the ruling. It concluded that none of the constitutional language in Marsy’s Law for Florida conflicts with any other language in the state constitution. It also makes clear that victims’ rights and protections should be provided as soon as someone becomes a victim and not following any criminal proceedings. And it reaffirms that a victim’s name is personally identifiable information that can be prevented from automatic, public disclosure.

National Crime Victims’ Rights Week began April 18, so it’s important at this moment to remember that Marsy’s Law for Florida is not in place to hide the truth from the public. It is in place to ensure victims of crime have protections and rights.