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§ 1035.8 [Victim's Privilege for Sexual Assault Counselor Communications]

Division 8: Privileges | Chapter 4: Particular Privileges | Article 8.5: Sexual Assault Counselor-Victim Privilege

Section titles shown in [brackets] are editorial additions for navigation purposes and are not part of the official statute.

A victim of a sexual assault, whether or not a party, has a privilege to refuse to disclose, and to prevent another from disclosing, a confidential communication between the victim and a sexual assault counselor if the privilege is claimed by any of the following :

(a) The holder of the privilege;

(b) A person who is authorized to claim the privilege by the holder of the privilege; or

(c) The person who was the sexual assault counselor at the time of the confidential communication, but that person may not claim the privilege if there is no holder of the privilege in existence or if he or she is otherwise instructed by a person authorized to permit disclosure.

Amendment history: Amended by Stats. 2006, Ch. 689, Sec. 6. Effective January 1, 2007.