§ 1035.6 [Holder of Sexual Assault Privilege Defined]

This law explains who has the right to control the sexual assault counselor-victim privilege. This privilege lets a victim keep private conversations with a counselor confidential, and only certain people are allowed to decide whether to use or waive that protection.

If the victim can make their own decisions and does not have a guardian or conservator, the victim is the one who holds this right. If the victim has a guardian or conservator because they cannot make these decisions on their own, that guardian or conservator holds the right instead.

If the victim has died, the right passes to the victim's personal representative. This is usually someone appointed to handle the victim's affairs after death, such as an executor of their estate.