Confidentiality Last Updated: March 2020

What relationships qualify Who holds the Are there any exceptions to the State for privileged and has the right to waive privilege? Statutory citation(s): communications? it? Alabama A victim, victim Holder of Privilege: Limited to criminal Ala. Code §§ counselor without the proceedings (except for 15-23-40 to consent of victim, or a Only the victim may concerning -46 “Victim Counselor minor or incapacitated waive the privilege (or victim’s name, address, Confidentiality Act of victim without the with respect to a location, phone number of a 1987” consent of a custodial minor or facility, etc. in a civil guardian or a guardian incapacitated victim, a proceeding, as described ad litem appointed custodial guardian or above). Ala. Code § upon application of a guardian ad litem). 15-23-42(a) either party, cannot be Ala. Code §§ Mandatory reporting of compelled to give 15-23-42, and suspected child abuse or testimony or to 15-23-43 neglect. Ala. Code § produce records Waiver of Privilege: 15-23-45 concerning confidential If the victim is about to communications for A victim does not commit a crime. Ala. Code any purpose in any waive the privilege by § 15-23-45 criminal proceeding. testifying in court Victim brings suit against a Ala. Code § about the crime. Ala. victim counselor or the 15-23-42(a) Code § 15-23-43(a) organization for which the In both civil and However, if a victim victim counselor works or criminal proceedings, a partially discloses the volunteers, and the suit victim counselor or contents of a alleges malpractice during victim cannot be privileged the counseling compelled to provide communication while relationship. Ala. Code § testimony that would testifying, either party 15-23-43(b) identify the name, may request the court address, location, or to rule that the telephone number of a privilege afforded by safe house, abuse this statute be waived shelter or other facility to the extent that the providing temporary privilege applies to emergency shelter to that portion of the the victim of the communication. Ala. offense or transaction Code § 15-23-43(a)(1) that is the subject of Any waiver shall the proceeding (unless apply only to the the facility is a party to extent necessary to the proceeding). Ala. require any to Code § 15-23-42(b) respond to counsel's Privilege terminates questions concerning upon the death of the the confidential victim. Ala. Code § communication that 15-23-42(c) are relevant to the Counselor does not facts and need to be licensed for circumstances of the privilege to apply. R.D. case. Ala. Code § v. State, 706 So.2d 770, 15-23-43(a)(2) 785 (Ala. Crim. App. Jordan v. State, 607 1997). So. 2d 333, 337 (Ala. Crim. App. 1992) The victim counselor privilege is only waived if a victim objectively manifested the intent to waive it. Alaska A victim or victim Holder of Privilege: Alaska Stat. § 18.66.210(1)-(8) Alaska Stat. §§ counselor cannot be 18.66.200 to .250 compelled, without Victim. Alaska Stat. § Mandatory reporting of appropriate consent, to 18.66.220(a) child abuse or neglect. testify or produce Victim counselor may victim is about to records concerning only waive the commit a crime. confidential privilege with consent Proceeding occurs after communications for of the victim or victim’s death. any purpose in any parent, legal guardian, Communication is relevant criminal, civil, or guardian ad litem to an issue of breach by the legislative, or of the victim. Alaska victim or counselor of a administrative Stat. § 18.66.220(b) duty arising out of the victim-victim counselor proceeding. Alaska Waiver of Privilege: Stat. §18.66.200(a) relationship. Communication is A victim or victim A victim does not Communication is counselor cannot be waive the privilege by admissible under the excited compelled to provide testifying in court utterance exception testimony that would about the crime. in the Alaska Rules of identify the name, Alaska Stat. § Evidence. address, location, or 18.66.220(a) Services of the victim telephone number of a However, if a victim counselor were sought in safe house or abuse partially discloses the order to enable anyone to shelter or other facility contents of a commit a crime or escape that provided confidential detection or apprehension temporary emergency communication in the after the commission of the housing to the victim of course of testifying, crime. the offense unless the either party may Proceeding concerns court or hearing officer request the court to whether to place a child into determines that the rule that the privilege the custody of the state. information is be waived to the Victim is charged with a necessary and relevant extent that the crime against a minor. to the facts of the privilege applies to Victim is charged with a case. Alaska Stat. § that portion of the crime and the physical, 18.66.200(c) communication. mental, or emotional A victim or victim Alaska Stat. § condition of the victim is counselor cannot be 18.66.220(a) raised as a defense. compelled to give A waiver applies only testimony that would to the extent identify the name, necessary to require a address, or telephone witness to respond to number of a victim counsel’s questions counselor unless the regarding confidential court or hearing officer communications that determines that the were disclosed only to information is the extent relevant to necessary and relevant the facts of the case. to the facts of the Alaska Stat. § case. Alaska Stat. § 18.66.220(a) 18.66.200(c) A minor may waive the privilege and testify or give consent for a victim counselor to testify, if the court determines that the minor is capable of knowingly waiving the privilege. Alaska Stat. § 18.66.200(d)(1) Privilege can be waived by the victim's parent, legal guardian, or guardian ad litem when the victim is a minor or incompetent to testify. Alaska Stat. §18.66.200(a)(2) A parent or legal guardian may not waive the privilege for a minor victim if: The parent or legal guardian has been charged with a crime against the minor; A protective order or restraining order has been entered against the parent or legal guardian on behalf of the minor; or The interests of the parent or legal guardian are otherwise adverse to those of the minor with respect to the waiver of privilege. Alaska Stat. § 18.66.200(d)(2) Arizona A crime victim Holder of Privilege: Ariz. Rev. Stat. § 13-4430(C) Ariz. Rev. Stat. §§ advocate must not 13-4401 and 13-4430 disclose any Only victim may waive Crime victim advocate communication the privilege. Ariz. knows that victim will give between her-/himself Rev. Stat. § 13-4430(A) or has given perjured and the victim, But note that testimony. including any “victim” includes Privileged communications communication made minors, or if the contain exculpatory to or in the presence of victim is killed or evidence. others. Ariz. Rev. Stat. incapacitated, the § 13-4430(A) person’s spouse, A crime victim parent, child, advocate may not grandparent, disclose records, notes, sibling or any documents, other person correspondence, related to the reports, or memoranda person by that contain opinions consanguinity or or information, made affinity to the while advising, second degree or counseling or assisting any other lawful the victim, or based on representative of the communication by the person, or with the victim, unless that including person is in communications made custody for an to or in the presence of offense or is the others. Ariz. Rev. Stat. accused. Ariz. § 13-4430(B) Rev. Stat. § 13-4401(19) Waiver of Privilege: Victim must waive the privilege in writing. Ariz. Rev. Stat. § 13-4430(A) If the crime victim advocate, with written or verbal consent from the victim, discloses to the prosecutor or a enforcement agency any privileged communication between the crime victim advocate and the victim, including any records or notes, the prosecutor or law enforcement agent must disclose the material to the defense only if such information is otherwise exculpatory. Ariz. Rev. Stat. § 13-4430(E) If a crime victim consents either verbally or in writing, a crime victim advocate may disclose information to other professionals and administrative support persons that the advocate works with for the purpose of assisting the advocate in providing services to the victim and to the court in furtherance of any victim's right pursuant to this chapter. Ariz. Rev. Stat. § 13-4430(F) Victim did not waive privilege preventing disclosure of conversation with advocate, even though victim testified about the conversation, where victim did not provide any written consent to disclosure by advocate. State v. Forde 233 Ariz. 543, 315 P.3d 1200 (2014) Arkansas No statutory privilege for N/A N/A N/A communications between a rape crisis counselor and a sexual assault victim. California A victim of a sexual Holder of Privilege: None specified. Cal. Evid. Code §§ 912 assault has a privilege and 1035-1036.2 to refuse to disclose, Is (i) the victim when and to prevent another there is no guardian from disclosing, a or conservator, (ii) confidential victim’s guardian or communication conservator if victim between the victim and has a guardian or a sexual assault conservator, or (iii) counselor, as long as the personal the privilege is claimed representative of a by any of the following: deceased victim. Cal. (a) the holder of the Evid. Code § 1035.6 privilege, (b) a person The sexual assault who is authorized to counselor shall claim claim the privilege by the privilege if he or the holder of the she is present when privilege, or (c) the the communication is sexual assault sought to be disclosed counselor to whom the and there is a holder communication was of the privilege in made, but that person existence and if not may not claim the otherwise instructed privilege if there is no by a person holder of the privilege authorized to permit in existence or if the disclosure. Cal. Evid. sexual assault Code § 1036 counselor is otherwise Waiver of Privilege: instructed by a person authorized to permit Privilege waived if any the disclosure. The holder of the privilege exists privilege, without whether or not the coercion, has victim is a party to an disclosed a significant action. Cal Evid. Code § part of the 1035.8 communication or has City of Fresno v. consented to Superior Court, 253 disclosure made by Cal. Rptr. 296, 304 anyone. Consent to (Cal. Ct. App. 1988); disclosure is Cal. Evid. Code § 912 manifested by any The holder of the statement or conduct privilege must indicating consent, actively claim the including failure to privilege in order claim the privilege in to prevent any proceeding in disclosure. which the holder has legal standing and opportunity to claim such privilege. Cal. Evid. Code § 912(a) Where two or more persons are joint holders of the privilege, a waiver of the right of a particular joint holder of the privilege to claim the privilege does not affect the right of another joint holder to claim the holder to claim the privilege. Cal. Evid. Code § 912(b) A disclosure that is itself privileged is not a waiver of any privilege Cal. Evid. Code § 912(c) A disclosure in confidence of a communication that is protected by the privilege, when disclosure is reasonably necessary for the accomplishment of the purpose for which the sexual assault counselor was consulted, is not a waiver of the privilege. Cal. Evid. Code § 912(d) Colorado Confidentiality between Holder of Privilege: None specified. COLO. REV. STAT. § victim’s advocate and 13-90-107 victim Only the victim may waive the privilege. COLO. REV. STAT. § COLO. REV. STAT. § 13-90-107(k)(I) 13-90-107(k)(I) A domestic violence or Waiver of Privilege: sexual assault victim’s advocate cannot testify People v. Turner, 109 about any P.3d 639, 645 (Colo. communications made 2005) between the victim and The party the victim’s advocate seeking to without the consent of overcome the the victim. privilege bears Covers in-person the burden of testimony and written demonstrating records or reports. that the privilege People v. Turner, 109 has been waived. P.3d 639, 642, 645 Waiver of a (Colo. 2005) privilege can be Privilege does not express or apply only to implied and must statements made be justified by the victim to through an the victim's evidentiary advocate, but also showing. includes records of any assistance, advice or other communication provided by a victim's advocate. The privilege also extends to any services or assistance provided by a victim's advocate. Connecticut Confidentiality between Holder of Privilege: Conn. Gen. Stat. § Conn. Gen. Stat. § victim and sexual assault 52-146k(e)(1)-(3) 52-146k counselor Only victim may waive the privilege. Conn. Conn. Gen. Stat. § Gen. Stat. § 52-146k(b) 52-146k(b) In matters of proof Sexual Assault v. concerning chain of custody A sexual assault Connecticut Sexual of evidence. counselor may not Assault, No. 70196, In matters of proof disclose any 1994 LEXIS 830, at *4 concerning the physical confidential (Conn. Super. Ct. Mar. appearance of the victim at communications made 30, 1994) the time of the assault. to the sexual assault A rape crisis Sexual assault counselor counselor by a victim center has knows that the victim has in any civil, criminal, standing to sue given perjured testimony legislative, or for a violation of and the defendant or the administrative the state has made an offer of proceeding without the confidentiality of proof that perjury may have consent of the victim. a sexual assault been committed. Although the statute victim’s records. states that under no circumstances may the Waiver of Privilege: location of the rape Only the victim may crisis center or the waive the identity of the sexual privilege. Conn. Gen. assault counselor be Stat. § 52-146k(b) disclosed in any civil or If victim is deceased criminal proceeding, or incompetent, in In Re Robert H., 509 victim’s guardian or A.2d 475, 482 (Conn. the executor of 1986), the Connecticut victim’s estate may Supreme Court held waive the privilege. that the identity of the Conn. Gen. Stat. § sexual assault 52-146k(c) counselor must be A minor may disclosed in order to knowingly waive the determine whether the privilege established counselor meets the by this section. In any statutory training instance where the requirements. minor is, in the opinion of the court, incapable of knowingly waiving the privilege, the parent or guardian of the minor may waive the privilege on behalf of the minor, provided such parent or guardian is not the defendant and does not have a relationship with the defendant such that he has an interest in the outcome of the proceeding. Conn. Gen. Stat. § 52-146k(d) Delaware No statutory privilege for N/A N/A 11 Del. C. § 9403; 24 communications between a Del. C. § 3913 rape crisis counselor and a sexual assault victim. However, there is statutory protection regarding the disclosure of certain information pertaining to a victim (i.e. residential address, telephone number or place of employment). 11 Del. C. § 9403 District of There are two statutes that There are two statutes that There are two statutes that cover There are two statutes Columbia cover laws about private cover laws about private laws about private that cover laws about communications in the communications in the communications in the District of private District of Columbia, which District of Columbia. Columbia. communications in the are listed separately below. District of Columbia. D.C. Code §§ 7-1201.01 to D.C. Code §§ 7-1201.01 to D.C. Code §§ 7-1201.01 to 7-1207.02 District of 7-1207.02 District of Columbia D.C. Code §§ 7-1207.03 and D.C. Code § Columbia Mental Health Mental Health Information Act 7-1201.01 to 7-1207.01 to7-1207.02: Information Act 7-1207.02 District District of Columbia If and to the extent the of Columbia Mental Health Information Holder of Privilege: D.C. mental health professional’s Mental Health Act Code § 7-1202.05(a) and (b) personal notes or the Information Act information contained D.C. Code § Who may waive the therein is needed in privilege: 14-307 and § litigation if the client 14-312 No mental health Client – if 18 initiates a proceeding professional (which years old or against the rape crisis includes rape crisis older, counselor for professional counselors and sexual For a client malpractice. D.C. Code § abuse counselors who between ages 14 7-1201.03 meet the training and 17, the client Disclosure to a third-party requirements outlined and the client’s payor is allowed to below) or mental parent or legal determine the client’s health facility shall guardian, or entitlement to payment disclose or permit the For a client under benefits for professional disclosure of mental age 14, only the services rendered, but health information to parent or legal disclosure must be limited anyone, including an guardian. to administrative employer, without the However, if a minor information, diagnostic consent of the client’s parent or legal information, whether the client. D.C. Code § guardian has not client is attending 7-1201.02(a) consented to the voluntarily or involuntarily, The personal notes of a services the client is the reason for treatment, rape crisis counselor receiving from the and a prognosis of the regarding a client shall rape crisis counselor, estimated time that not be maintained as the privilege may be treatment might continue. part of the client’s waived without D.C. Code § 7-1202.07(a) record of mental health authorization from Disclosure to other information, and the client’s parent or individuals employed at the cannot be disclosed legal guardian. mental health facility, or to except to the degree Note: provisions other participating that the personal notes address power to providers is allowed to the or the information authorize disclosures extent necessary to deliver contained therein are generally. professional services to the needed in litigation Waiver of Privilege: client. D.C. Code § brought by the client 7-1203.01(a) and (b) against the mental Waiver must be In an emergency, if health professional on written, signed, and necessary to seek emergency the grounds of must be given hospitalization or otherwise professional voluntarily. D.C. Code protect the client or another malpractice or §§ 7-1202.01 and individual from a disclosure in violation 7-1202.02(a)(4) substantial risk of imminent of this section. D.C. Waiver must: and serious physical injury, Code § 7-1201.03 Specify the disclosure is permitted to: There are civil and nature of the (1) the victim’s spouse, criminal penalties for information to be parent or legal guardian; (2) violations of disclosed, who is a duly accredited officer or confidentiality. D.C. authorized to agent of D.C. in charge of Code § 7-1207.01 and disclose, to public health; (3) the 7-1207.02 whom such Department of Mental D.C. Code § 14-307 and § disclosure is Health; (4) a mental health 14-312 authorized, and services provider; (5) the the specific D.C. Pretrial Services A sexual assault victim purposes for Agency; (6) the Court advocate, as defined in which the Services and Offender D.C. Code § information may Supervision Agency; (7) a 14-312(a)(7), may not, be used both at court exercising jurisdiction without consent from the time of the over the client as a result of the client or the disclosure and at a pending criminal client’s legal any time in the proceeding; (8) emergency representative, disclose future; medical personnel; (9) an any information, Advise the client officer authorized to make confidential in its of his right to arrests in D.C.; or (10) an nature, that he has inspect his intended victim. D.C. Code acquired in attending a record of mental § 7-1203.03(a) client in a professional health To qualified personnel for capacity that was information; the purpose of conducting necessary to enable State that the scientific research, him to act in that waiver is subject management or financial capacity, whether the to revocation, audits, or program information was except where an evaluation of the rape crisis obtained from the authorization is counselor or the mental client or from his executed in health facility, so long as the family or from the connection with a personnel does not directly person or persons in client's obtaining or indirectly identify the charge of him. D.C. a life or client in any report. D.C. Code § 14-307(a) noncancellable or Code § 7-1203.05 guaranteed To a correctional institution renewable health or a law enforcement insurance policy, official having lawful in which case the custody of individual mental authorization health information about shall be specific the individual to facilitate as to its the delivery of mental health expiration date services and mental health which shall not supports to the individual. exceed 2 years D.C. Code § 7-1203.05a from the date of Disclosure is necessary to the policy; or initiate or seek civil where an commitment authorization is proceedings. D.C. Code § executed in 7-1204.02 connection with In any civil or administrative the client's proceeding in which the obtaining any client asserts his mental or other form of emotional condition as an health insurance element of the claim or in which case the defense. D.C. Code § authorization 7-1204.03(a) shall be specific as to its D.C. Code § 14-307 and § expiration date 14-312 which shall not With respect to confidential exceed 1 year information acquired by a from the date of physician or surgeon or the policy; mental health professional, Be signed by the or a domestic violence person or counselor, or a human persons trafficking counselor, or a authorizing the sexual assault victim disclosure; and advocate while attending to Contain the date a client in a professional the authorization capacity, the following was signed and exceptions apply under D.C. the date the Code § 14-307(b): authorization will In a grand jury, expire, which criminal, delinquency, must be no family, or domestic longer than 365 violence proceeding days after the where a person is date of targeted for or charged authorization. with causing the death D.C. Code § of or injuring a human 7-1202.02(a) being, or with The person to whom attempting or the privileged threatening to kill or information is injure a human being, disclosed may not or a report has been re-disclose the filed with the police information without pursuant to mandatory further consent to do reporting of firearms so. D.C. Code § injuries and the 7-1202.03 disclosure is required Waiver can be in the interests of revoked by providing public justice. a written revocation to Information that relates the recipient of the to the mental mental health competency or sanity information and the of an accused in a person authorized to criminal trial where the disclose such mental accused raises the health information; defense of insanity. the revocation is Information that relates effective upon receipt, to the mental although the mental competency or sanity health information of a child alleged to be previously disclosed delinquent, neglected, may be used for the or in need of purpose stated in the supervision in any authorization. D.C. proceeding before the Code § 7-1202.04 Family Division of the Subject to certain Superior Court. notification In any criminal or civil requirements to the case where a person is client, a rape crisis alleged to have counselor has the defrauded the District authority to refuse to of Columbia or federal disclose or limit government in relation disclosure despite to receiving or authorization by the providing medical client to disclose such assistance under the information if the D.C. Medical Assistance rape crisis counselor Act authorized under reasonably believes the Social Security Act such refusal or or a health care benefit limitation is necessary program. to protect the client In a criminal or from substantial risk delinquency of imminent proceeding where a psychological person is charged with impairment or to an impaired driving protect the client or offense and where the another person from person caused the substantial risk of death or injury to a death or injury to a imminent or serious human being, and the physical injury. D.C. disclosure is required Code § 7-1202.06 in the interest of public Note: provisions justice. address power to A sexual assault victim authorize disclosures advocate may not disclose generally. confidential information D.C. Code § 14-307 and § except (i) as required by 14-312 statute or a court of law; (ii) as voluntarily authorized in Holder of Privilege: writing by a victim; (iii) to other individuals employed Brown v. United by the DC SANE Program States, 567 A.2d 426, and third party providers to 427 (D.C. 1989) the extent necessary to The privilege facilitate the delivery of belongs primarily services to the victim; (iv) to to the client. a law enforcement agency to Waiver of Privilege: the extent necessary to protect the victim or another individual from a substantial risk of imminent Waiver must be and serious physical injury; written and (v) to compile statistical or voluntarily given by anecdotal information, the victim. D.C. Code without personal identifying § 14-312(b) information; or (vi) for any When a victim has confidential been adjudicated communications relevant to incompetent by a a claim or defense if the court of competent victim files a lawsuit against jurisdiction for the a sexual assault victim purpose of asserting advocate or the DC SANE or waiving the Program. D.C. Code § privilege established 14-312(b) by this section, or is decreased, the victim's parent, guardian, or personal representative may assert or waive the privilege. D.C. Code § 14-312(c)(1) If the parent, guardian, or personal representative of the victim described above has been charged with an intra-family offense, sexual assault, or has had a protection order or a neglect petition entered against him or her at the request of or on behalf of the victim, or otherwise has interests adverse to those of the victim with respect to the assertion or waiver of the privilege, the court shall appoint and attorney for purposes of asserting or waiving the privilege. D.C. Code § 14-312(c)(2) Confidential communications are not waived by the presence of a sign language or foreign language interpreter. D.C Code § 14-312(b)(3) Florida Confidentiality between Holder of Privilege: None specified. Fla. Stat. § 90.5035 sexual assault counselor/ trained volunteer/ Privilege may be domestic violence claimed by the victim, advocate and victim victim’s attorney, a guardian or A victim may refuse to conservator of victim, disclose, and prevent a personal any other person from representative of a disclosing, a deceased victim, or confidential the sexual assault communication made counselor or trained by the victim to a volunteer on behalf of sexual assault the victim. Fla. Stat. § counselor or a trained 90.5035(3) volunteer, or any The authority of a record made in the sexual assault course of advising, counselor or trained counseling or assisting volunteer to claim the the victim, including privilege is presumed any advice given by the in the absence of sexual assault evidence to the counselor or trained contrary. Fla. Stat. § volunteer. The privilege 90.5035(3)(d) includes any advice given by the sexual Waiver of Privilege: assault counselor or Must be prior written trained volunteer in the consent. Fla. Stat. § course of that 90.5035(2) relationship. Fla. Stat. § 90.5035(2) Georgia Confidentiality between an Holder of Privilege: The agent was a witness or Ga. Code Ann., § agent and a victim party to the family violence 24-5-509 Victim. Ga. Code Ann. or sexual assault or other An agent of a program § 24-5-509(b) crime that occurred in the cannot be compelled to If the victim is or has agent’s presence. Ga. Code disclose any evidence been judicially Ann. § 24-5-509(e) in a judicial proceeding determined to be Court makes a that the agent acquired incompetent, the determination after a while providing victim’s guardian may pre-trial hearing or an in services to a victim, so waive the victim’s camera review (i.e. private long as such evidence privilege. Ga. Code review by the judge, as was necessary to Ann. § 24-5-509(g) described below) that the enable the agent to The privilege evidence sought is subject render services, unless terminates upon the to disclosure (based on one the privilege has been death of the victim. of the conditions noted waived or a court Ga. Code Ann. § below in the in camera determines otherwise 24-5-509(d) review section). Ga. Code (as specified in the in Waiver of Privilege: Ann. § 24-5-509(c) camera review section In criminal below). Ga. Code Ann. Victim can waive the proceedings, if a party § 24-5-509(b) privilege. Ga. Code intends to compel The mere presence of a Ann. § 24-5-509(b) evidence, it must file third party during and serve notice of its communications intention on the between an agent and opposing party at least a victim does not void ten days prior to trial, the privilege, provided or as otherwise the communications directed by the court. occurred in a setting The court will then when or where the hold a pretrial hearing victim had a reasonable and determine the expectation of privacy. issue. Ga. Code Ann. § Ga. Code Ann. § 24-5-509(h) 24-5-509(f) Guam There is no statutory N/A N/A N/A privilege for communications between a rape crisis counselor and a sexual assault victim. Guam recognizes a limited list of privileges including psychotherapist-patient privilege and physician-patient privilege. Guam R. Evid. §§ 503, 504. Hawaii Confidentiality between Holder of Privilege: HRS § HRS § 626-1, Rule 505.5(d)(1)-(8) HRS § 626-1, Rule victim counselor and 626-1, Rule 505.5(c) 505.5 victim Victim counselor reasonably Privilege may be believes that the victim has HRS § 626-1, Rule 505.5 claimed by the victim, given perjured testimony the victim’s guardian and a party to the A victim may refuse to or conservator, or the proceeding has made an disclose and may personal that perjury prevent any other representative of a may have been committed. person from disclosing deceased victim. In matters of proof confidential Privilege may be concerning the physical communications made claimed by the victim appearance and condition of to a victim counselor counselor (who is the victim at the time of the during the course of presumed to have assault. counseling for the authority to claim the Communication is relevant psychological or privilege), but only on to an issue of breach of duty emotional effects of behalf of the victim. by the victim counselor or sexual assault, victim counseling program domestic violence, Waiver of Privilege: HRS § to the victim. child abuse, or child 626-1, Rule 505.5(b) Mandatory reporting of neglect. child abuse or neglect, A victim has a privilege Only the victim may waive the privilege. domestic abuse, or abuse of to refuse to disclose a vulnerable adult. evidence that would Communication is relevant identify the name, to an issue in proceedings to location, or telephone hospitalize the victim for number of a safe mental illness or substance house, abuse shelter or abuse, or to discharge a any facility that victim previously provided temporary hospitalized for mental emergency shelter to illness or substance abuse. the victim. Court orders an examination of the physical, mental, or emotional condition of the victim. Communication is relevant to the physical, mental, or emotional condition of the victim in any proceeding in which the condition is an element of the victim’s claim or defense, or after the victim’s death, if any party relies upon the condition as an element of the party’s claims or defense. Victim initiates a proceeding (administrative or judicial) against the victim counselor or the victim counseling program, in which the competency or practice of the victim counselor or victim counseling program is at issue. The identifying data of the victim whose records are admitted shall be kept confidential. The administrative agency shall also close a portion of the proceedings, as necessary, to protect the confidentiality of the victim. Idaho There is no statutory N/A N/A N/A privilege for communications between a rape crisis counselor and a sexual assault victim. Idaho recognizes a statutory privilege for licensed counselors, including licensed professional counselors, in addition to other entities. Idaho Rules of Evidence, Rule 517. Illinois Confidentiality between Holder of Privilege: If failure to disclose is likely 735 Ill. Comp. Stat. rape crisis counselor and to result in a clear, 5/8-802.1 victim Only the victim, a imminent risk of serious personal physical injury or death of Generally, no rape representative of the the victim or another crisis counselor shall victim, or a parent or person, then any rape crisis disclose any guardian (whose counselor or rape crisis confidential interests are not organization participating in communication or be adverse to the minor) good faith in the disclosing examined as a witness may waive the of records and in any civil or criminal privilege. 735 Ill. communications will have proceeding as to any Comp. Stat. immunity from any liability, confidential 5/8-802.1(c) civil, criminal, or otherwise, communication Waiver of Privilege: that might result from the without the written action. 735 ILL COMP. STAT. consent of the victim Privilege is not waived 5/8-802.1(e) (or a representative of by presence of a third In any proceeding, civil or the victim). 735 Ill. person who further criminal, arising out of a Comp. Stat. expresses the disclosure under this 5/8-802.1(d) interests of the victim Section, the good faith of A rape crisis counselor at the time of the any rape crisis counselor or who knowingly communication; rape crisis organization who discloses any group counseling; or disclosed the confidential confidential disclosure to third communication shall be communication in person with consent presumed. 735 ILL. COMP. violation of the law of victim, when STAT. 5/8-802.1(e) commits a class C reasonably necessary misdemeanor. 735 Ill. to accomplish purpose Comp. Stat. for which the 5/8-802.1(f) counselor is consulted. 735 Ill. Comp. Stat. 5/8-802.1(c)(1) Privilege is not waived when the victim inspects the records, or for victims less than 12 years old, the victim’s parent or guardian (whose interests are not adverse to the minor) inspects the records, or in the case of a minor who is 12 years or older, the victim’s parent or guardian (whose interests are not adverse to the minor) inspects the records with the victim’s consent. The privilege is not waived in the case of an adult victim who has a guardian of his or her person, when the guardian inspects the records with the victim’s consent. 735 Ill. Comp. Stat. 5/8-802.1(c)(2) When the victim is deceased or incompetent, the victim’s administrator or executor of the victim’s estate may waive the privilege unless the administrator or executor has an interest adverse to the victim. 735 Ill. Comp. Stat. 5/8-802.1(c)(4) A minor victim over age 12 may knowingly waive the privilege. 735 Ill. Comp. Stat. Comp. Stat. 5/8-802.1(c)(4) When the court decides that a minor victim over 12 is incapable of knowingly waiving the privilege, the victim’s parent or guardian may waive the privilege on behalf of the minor victim, unless the parent or guardian has an interest adverse to the minor victim. 735 Ill. Comp. Stat. 5/8-802.1(c)(4) An adult victim who has a guardian of his or her person may knowingly waive the privilege established in this Section. When the victim is, in the opinion of the court, incapable of knowingly waiving the privilege, the guardian of the adult victim may waive the privilege on behalf of the victim, unless the guardian has been charged with a violent crime against the victim or otherwise has any interest adverse to the victim with respect to the privilege. 735 Ill. Comp. Stat. 5/8-802.1(c)(5) Indiana Confidentiality between Holder of Privilege: If a victim brings a suit Ind. Code §§ victim advocate/service alleging malpractice against 35-37-6-1 to -17 provider and victim Only the victim may the victim advocate or the waive the victim service provider, the Ind. Code § 35-37-6-9 privilege. Ind. Code § victim advocate may testify 35-37-6-11. No victim, victim or produce records advocate, or victim Waiver of Privilege: regarding confidential service provider can be communications with the compelled to give A victim does not victim. Ind. Code § testimony or produce waive any privileges 35-37-6-11 records concerning or confidentiality A victim may provide confidential protections if the testimony concerning an communications in any victim: (1) testifies offense. Ind. Code § judicial, legislative, or about underlying acts 35-37-6-9(d) administrative of domestic violence, The consent to disclose proceeding. There is an dating violence, sexual information on behalf of an exception, however, in assault, or stalking; or un-emancipated child who the case of a victim (2) reveals that he or is less than eighteen years of advocate or victim she used or attempted age or an incapacitated service provider, if a to use the services of victim may be made by a victim specifically a victim service custodial parent, custodian, consents to the provider or victim guardian, or guardian ad disclosure in a written advocate. Ind. Code § litem in a written authorization with an 35-37-6-14. authorization that contains expiration date. Sec. However, if a victim the date the consent 9(a) partially discloses the expires, provided the person No victim, victim contents of a giving the consent did not advocate, or victim privileged commit an offense against service provider can be communication while the victim. Ind. Code § compelled to give testifying, either party 35-37-6-9(e), (f). testimony in any may request the court A victim or, in the case of a judicial, legislative, or to rule that the deceased victim, the victim's administrative privilege afforded by personal representative may proceeding that would this statute be waived authorize a victim advocate identify the name, to the extent that the or victim service provider to address, location, or privilege applies to release confidential telephone number of that portion of the information or other any facility that communication. Ind. information by signing a provided temporary Code §§ written authorization that emergency shelter to 35-37-6-10(a), specifies what information the victim of the 35-37-6-15. will be released, to whom offense that is the Such a waiver applies the information will be subject of the only to the extent released, and an expiration proceeding unless the necessary to require date. A personal facility is a party to the any witness to representative cannot give proceeding. Sec. 9(b) respond to questions consent for release if the A victim service concerning the representative abused or provider or victim confidential killed, or assisted in abusing advocate may not communications that or killing, the victim. Ind. require a victim to are relevant to the Code § 35-37-6-13(a)-(d). consent to the facts and A victim service provider disclosure of circumstances of the may disclose aggregate information concerning case. Ind. Code § information that does not confidential 35-37-6-10(b). identify a victim regarding communications and The partial disclosure services and demographic confidential of confidential information, in order to information as a communication does comply with federal and condition of the victim not waive the privilege state data collection receiving services. Sec. concerning the requirements. Ind. Code § 9(c) remainder of the 35-37-6-17. confidential communication. Ind. Code § 35-37-6-15. Iowa Confidentiality between Holder of Privilege: In matters of proof Iowa Code § 915.20A victim counselor and concerning the chain of victim Only the victim may custody of evidence. waive the privilege In matters of proof A victim counselor may (information may also concerning the physical not be examined or be be disclosed by a appearance of the victim at required to give court, see description the time of the injury or the evidence in any civil or of § 915.20A(7) counselor’s first contact criminal proceeding as below). Iowa Code § with the victim after the to any confidential 915.20A(2) injury. communication made Waiver of Privilege: Victim counselor has reason by a victim to the to believe that the victim has victim counselor unless Victim must waive the given perjured testimony, the victim waives the privilege in and defendant or state has privilege or disclosure writing. Iowa Code § made an offer of proof that is compelled by a 915.20A(2) perjury may have been court. Iowa Code § If a victim is deceased committed. Iowa Code § 915.20A(2) or incompetent, the 915.20A(5) A clerk, secretary, or privilege can be other employee who waived by the victim’s prepares or manages guardian or personal the confidential representative. Iowa reports or working Code § 915.20A(3) papers of a victim A minor may waive counselor may not be the privilege if he is examined or compelled capable of knowingly to produce evidence of and intelligently any confidential waiving the communication unless privilege. Iowa Code § the victim waives the 915.20A(4) privilege or disclosure If a minor is not is compelled by a capable of knowingly court. Iowa Code § and intelligently 915.20A(2) waiving the privilege Under no in the opinion of the circumstances may the court, the minor’s location of the crime parent or guardian victim center or the may waive the identity of the victim privilege, unless the counselor be disclosed parent or guardian in any civil or criminal either (1) is the proceeding. Iowa Code defendant, or (2) has § 915.20A(2) an interest adverse to the minor. Iowa Code § 915.20A(4) Kansas There are two statutes that There are two statutes that There are two statutes that cover Kan. Stat. Ann. § cover private cover private private communications in 65-5810 and Kan. communications in Kansas. communications in Kansas. Kansas. Stat. Ann. § 74-5323 Kan. Stat. Ann. § 65-5810 Kan. Stat. Ann. § 65-5810 Kan. Stat. Ann. § 65-5810 Licensed professional Neither holder of privilege A licensed professional counselor privilege: nor procedure for waiver counselor is not prohibited of privilege specified. from (1) testifying about Confidential adult abuse, adoption, child communications between Kan. Stat. Ann. § 74-5323 abuse, child neglect or other client and licensed Neither holder of privilege matters pertaining to the professional and clinical welfare of a child or (2) counselor are protected at nor procedure for waiver of privilege specified. seeking collaboration or the same level as consultation with attorney-client privilege. professional colleagues or Kan. Stat. Ann. § administrative superiors, or 65-5810(a) and (b). both, on behalf of the State v. Berberich, 978 P.2d client. Kan. Stat. Ann. § 902 (1999) 65-5810(c) No privilege exists for Statutory information required to be counselor reported to a public privilege is not official. Kan. Stat. Ann. § applicable to 65-5810(c) unlicensed counselors. Kan. Stat. Ann. § 74-5323 Even if the client A licensed psychologist is reasonably not prohibited from (1) believes the testifying about adult abuse, counselor is adoption, child abuse, child licensed, the neglect or other matters privilege will not pertaining to the welfare of extend to a child or (2) seeking communications collaboration or unless the consultation with counselor is professional colleagues or actually licensed. administrative superiors, or Kan. Stat. Ann. § 74-5323 both, on behalf of the client. Kan. Stat. Ann. § 74-5323(b) Psychologist-client No privilege exists for privilege: information required to be reported to a public official. Confidential Kan. Stat. Ann. § 74-5323(b) communications between client and licensed psychologist are protected at the same level as attorney-client privilege. Kan. Stat. Ann. §74-5323(a) Kentucky Confidentiality between Holder of Privilege: Client is asserting her Ky. R. Evid. 506 counselor and client physical, mental, or Ky. Rev. Stat. § Client, client’s emotional condition as an 211.608 A client may refuse to guardian or element of a claim or disclose and prevent conservator, or the defense. Ky. R. Evid. another from personal 506(d)(1) disclosing confidential representative of a Any party is relying upon a communications deceased client may deceased client’s physical, between the client and claim the privilege. mental, or emotional her or his sexual Ky. R. Evid. 506(c) condition as an element of a assault counselor (and Sexual assault claim or defense. Ky. R. any other person counselor may claim Evid.506(d)(1) present at the direction the privilege in the Judicial finding of need, as of the counselor), made absence of the client, outlined below under in for the purpose of but only on behalf of camera review (i.e. private counseling the client, the client. Ky. R. review by the judge). Ky. R. including family Evid. 506(c) Evid.506(d)(2) members. Ky. R. Evid. 506(b) Waiver of Privilege: No All client records and procedure specified. reports of a rape crisis center that directly or indirectly identify a client or former client of the rape crisis center are confidential and shall not be disclosed by any person except as provided by law. Ky. Rev. Stat. § 211.608 Louisiana There are two statutes that There are two statutes that There are two statutes that La. Code Evid. art. cover private cover laws about private cover laws about private 510 communications. communications. communications. La. Rev. Stat. §§ 46:2121-46:2128- Healthcare provider and La. Code Evid. art. 510 La. Code Evid. art. Family Violence victim 510(B)(2)(a)-(m); 510(C)(2)(a)-(f); Shelters Holder of Privilege: 510(F) La. Code Evid. art. 510 Privilege may be Civil and Criminal: Limited to civil claimed by the victim Victim relies upon their proceedings only—a or by the victim’s health condition as an victim has a privilege legal representative. element of their claim to refuse to disclose La. Code Evid. art. or defense. and to prevent another 510(D) Communication made person from disclosing Sexual assault to the sexual assault any confidential counselor or other counselor was intended communication made health care providers to assist the patient or between the victim and or their another person to his or her health care representatives are commit or plan to provider for the presumed to have the commit a crime. purpose of advice or authority to claim the Communication was treatment of the privilege on behalf of made in the course of a victim’s emotional, the victim. La. Code court-ordered physical, or mental Evid. art. 510(D). examination, under condition. La. Code certain circumstances. Evid. art. 510(B)(1) Waiver of Privilege: No procedure specified. Victim brings a Limited to criminal malpractice suit against proceedings only - The statutory the sexual assault provides a privilege for exceptions to privilege counselor. communications specified below only Communication is between patients (or waive the privilege as relevant to proceedings patient's to testimony at trial or concerning custody or representative) and discovery of the visitation (when patient their physicians or privileged is subject of psychotherapists (or communications. La. proceeding or only in patient's Code Evid. art. 510(E). certain circumstances representative) for the when the patient is a purpose of advice, party), child abuse, diagnosis or treatment. La. Rev. Stat. §§ elder abuse, or abuse of La. Code Evid. art. persons with 510(C)(1) 46:2121-46:2128- Family Violence Shelters disabilities or persons Confidentiality between who are or incompetent representatives/employees Holder of Privilege: Not adults. of community shelter and specified. Communication victim regarding blood Waiver of Privilege: No alcohol level or drugs La. Rev. Stat. §§ procedure specified. taken from a patient. 46:2121-46:2128- Family Civil only: Violence Shelters Any party relying upon a deceased victim's No person shall be health condition as an required to disclose, by element of a claim or way of testimony or defense. otherwise, a privileged Communication is communication or to relevant to a peer produce records or review committee or opinions relating to disciplinary proceeding such privileged to determine whether a communication in any health care provider civil or criminal has deviated from proceeding and by way appropriate of any discovery professional standards. procedure. La. Rev. Victim is the subject of Stat. § a commitment 46:2124.1(B) proceeding when victim has failed or refused to submit to an examination by a health care provider appointed by the court regarding issues relating to the interdiction or commitment proceeding, provided the patient has been informed of the appointment and consequences of not submitting to the examination. Communication is relevant to a now deceased patient’s capacity to enter into a or execute any testament. Communications relevant in an action contesting any testament executed or claimed to have been executed by a deceased patient. Criminal only: Communication in the form of a tangible object removed from the patient’s body, relevant to the crime charged. Communication is a record of the results of a test for blood alcohol level or drugs taken and patient is under arrest or was subsequently arrested for an offense related to the test La. Rev. Stat. §§ 46:2121-46:2128- Family Violence Shelters None specified. Maine Confidentiality between Holder of Privilege: Mandatory reporting or Me. Rev. Stat. tit. 16, § sexual assault counselor/ cooperation in an 53-A advocate/rape crisis center Only the victim may investigation of abuse or and victim waive the privilege. neglect of child or Me. Rev. Stat. tit. 16, § incapacitated/ dependent No sexual assault 53-A(2) adult. Me. Rev. Stat. tit. 22, § counselor may be 4011 required to testify in Waiver of Privilege: No procedure specified. Consent of the victim. Me. any civil or criminal Rev. Stat. tit. 16, § 53-A(2) proceeding about any Judicial determination of information acquired necessity. Exception relates during the provision of to information sexual assault communicated to or counseling services otherwise learned by a without the consent of sexual assault counselor in the victim of the sexual connection with the assault. Me. Rev. Stat. provision of sexual assault tit. 16, § 53-A (2) counseling services. Applies A sexual assault if court determines that counselor or a rape disclosure is necessary to crisis center may not the proper administration of be required to disclose justice. Me. Rev. Stat. tit. 16, to the court any § 53-A(2) records, notes, memoranda, or documents containing confidential communications. Me. Rev. Stat. tit. 16, § 53-A (2) Maryland No statutory privilege for N/A N/A N/A communications between a rape crisis counselor and a sexual assault victim, unless a rape crisis counselor qualifies as a licensed psychologist, psychiatrist or a licensed social worker. Massachusetts A sexual assault Holder of Privilege: None specified. Mass. Gen. Laws Ch. counselor shall not 233, §§ 20J, 20L disclose any Only the victim may confidential waive the communication, privilege. Mass. Gen. without the prior Laws Ch. 233, § 20J written consent of the Waiver of Privilege: victim. Mass. Gen. Laws Ch. 233, § 20J. Requires prior written Confidential consent. Mass. Gen. communications are Laws Ch. 233, § 20J not subject to The victim’s discovery and are testimony to the inadmissible in any content of a privileged criminal or civil communication under proceeding without the this section does not prior written consent constitute a waiver of of the victim. Mass. the privilege unless Gen. Laws Ch. 233, § the testimony is given 20J with the knowledge of Commonwealth. v. the privilege and the Vega, 449 Mass. 227, intent to waive it. 230, 866 N.E.2d 892, Commonwealth v. 894 (2007) Neumyer, 731 N.E.2d Although this 1053, 1062 (Mass. provision does not 2000). contain the word “privilege,” it nonetheless has been held to create an evidentiary privilege. Commonwealth v. Jones, 478 Mass. 65, 71, 82 N.E.3d 1013, 1018 (2017). Defendant is not entitled to pretrial inspection of statutorily privileged psychiatrist and counseling center records pertaining to victim. Acceptance of such an argument would destroy the rape crisis center counselor privilege because presumably any records of confidential discussion with a rape crisis counselor would contain information relevant to sexual assault allegations. Michigan A confidential Holder of Privilege: Mandatory reporting of child Mich. Comp. Laws § communication, or any abuse or neglect. Mich. Comp. 600.2157a report, working paper, or Only victim may waive Laws § 600.2157(a)(2) statement contained in a the privilege. Mich. report or working paper, Comp. Laws § Any legally recognized privileged given or made in connection 600.2157a(2) communication except that between attorney and client or with a consultation between Waiver of Privilege: a victim and a sexual that made to a member of the assault counselor, shall not Written consent must clergy in his or her professional be admissible as evidence in be given prior to the character in a or any criminal or civil proceeding. Mich. similarly confidential proceeding without the Comp. Laws § communication is abrogated and prior written consent of the 600.2157a(2) shall not constitute grounds for victim. Mich. Comp. Laws § Bowman v. Rapelje, excusing a report otherwise 600.2157a(2) 2014 WL 3767805 required to be made or for (E.D. Mich. July 31, excluding evidence in a civil child Under Mich. Comp. Laws § 2014) protective proceeding resulting 600.2157a, privilege Reports or from a report made pursuant to extends “to statements given the Child Protection Law. Mich. communications between a or made in Comp. Laws Ann. § 722.631. victim and a sexual assault connection with a or domestic assault Mich. Comp. Laws Ann. § consultation 722.631 abrogates privileges counselor.” People v. Bell, between a victim No. 342753, 2019 WL in communications other and a sexual than those between attorney 4732615, at *2 (Mich. Ct. assault counselor App. Sept. 26, 2019) and client, or priest and “shall not be penitent, in child protective admissible as proceedings.See In re evidence in any Blakeman, 326 Mich. App. civil or criminal 318, 333, 926 N.W.2d 326, proceeding 334–35 (2018) without the prior written consent of the victim.” A minor could not consent to the release of such privileged records. People v. Cowles, No. 336178, 2018 WL 3480685, at *4 (Mich. Ct. App. July 19, 2018). Defendant failed to show via concrete, articulable facts, that the victim's psychological records were necessary and material to his defense, and therefore, his due process rights were not violated. Minnesota Sexual assault counselors Holder of Privilege: A counselor may be compelled to Minn. Stat. § 595.02 may not be allowed to identify or disclose information disclose any opinion or Only victim may give in investigations or proceedings information received from consent to related to neglect or termination or about the victim without disclosure. Minn. Stat. of parental rights if the court consent of the victim. Minn. § 595.02(k) determines good cause exists. Stat. § 595.02(k). Waiver of Privilege: No Minn. Stat. § 595.02(k) procedure specified. Mississippi While there is no specific Holder of Privilege: With the written consent of Miss. Code. Ann.§ statutory privilege for the client or, in the case of 73-30-17. communications between a Privilege is held by the death or disability or in the rape crisis counselor and a client. Miss. Code. case of a minor, with the sexual assault victim, Ann.§ 73-30-17. written consent of the Mississippi law does state Waiver of Privilege: parent, legal guardian or that a licensed professional conservator, or other person counselor may not disclose Requires written authorized by the court to any information acquired consent of the client file suit. Miss. Code. Ann.§ during consultation with or, in the case of 73-30-17. clients. Miss. Code. Ann.§ death or disability or When a communication 73-30-17. in the case of a minor, reveals the contemplation of the written consent of a crime or harmful act, or See also Jane Student 1 v. the parent, legal intent to commit Williams, 206 F.R.D. 306, guardian or suicide. Miss. Code. Ann.§ 308 (S.D. Ala. 2002), which conservator, or other 73-30-17. recognizes Miss. Code person authorized by When a person waives the Ann. § 73-30-17 a privilege the court to file suit. privilege by bringing that explicitly covers Miss. Code. Ann.§ charges against a licensed licensed (or certified or 73-30-17. professional counselor for registered) professional Privilege is waived by breach of privileged counselors. a person bringing communication, or any charges against a other charges. Miss. Code. licensed professional Ann.§ 73-30-17. counselor for breach of privileged communication, or any other charges. Miss. Code. Ann.§ 73-30-17. Missouri Any person employed by or Holder of Privilege: None specified. MO. ST. § 455.003 volunteering services to a (V.A.M.S. 455.003) rape crisis center for Only the individual victims of sexual assault served by the rape shall be incompetent to crisis center may testify concerning any waive the confidential information privilege. MO. ST. that would identify 455.003(2) individuals served by the Waiver of Privilege: center and any information or records that are directly Requires written related to the advocacy waiver. MO. ST. services provided to such 455.003(2) individuals, unless the confidentiality requirements are waived in writing by the individual served by the center. MO. ST. 455.003 (1) and (2) Montana An advocate may not Holder of Privilege: “Unless a report is Mont. Code Ann. § be examined as to any otherwise required by law.” 26-1-812 communication made Privilege belongs to Mont. Code Ann. § to the advocate by a the victim. Mont. Code 26-1-812(1) victim and may not Ann. § 26-1-812(2) “If otherwise required divulge records kept Waiver of Privilege: by law” includes during the course of provision for release of providing shelter, Privilege can only be records pursuant to a counseling or crisis waived by express Subpoena under intervention consent of the interpretation by the services. Mont. Code victim. Mont. Code Court. Johnston v Ann. § 26-1-812(1) Ann. § 26-1-812(2) Gallatin County The privilege continues Privilege is not waived Sheriff's Office, No. DV even if the victim is just because victim is 14-634A, 2015 WL unreachable and it unreachable. Mont. 13620441, at *1 terminates upon the Code Ann. § (Mont.Dist. Nov. 23, death of the 26-1-812(2) 2015) victim. Mont. Code After the death of the Ann. § 26-1-812(2) victim. Mont. Code Ann. § 26-1-812(2) Nebraska A victim, any third Holder of Privilege: In camera review (i.e. Neb. Rev. Stat. § party necessary to private review by the judge). 29-4302 to § 29-4304 facilitate Only a victim may Neb. Rev. Stat. § communication or the consent to 29-4303(1)(a)-(b) advocacy process (and disclosure. Neb. Rev. Mandatory reporting of which is disclosed to Stat. § 29-4304(2) and adult or child abuse or the advocate for the Neb. Rev. Stat. § neglect, as well as suspected purpose of overcoming 29-4303(1) adult or child abuse or the adverse effects of A custodial guardian neglect. Neb. Rev. Stat. § domestic violence or or a guardian ad litem 29-4304(3) sexual assault) or an appointed by Any other legal duty to advocate without the application can report a criminal or consent of the victim, consent on behalf of a unlawful act. Neb. Rev. Stat. or a minor or minor or § 29-4304(3) incapacitated victim incapacitated victim. If the victim brings suit without the consent of Neb. Rev. Stat. § against an advocate or an a custodial guardian or 29-4303(1) agency, business or a guardian ad litem Waiver of Privilege: organization in which the appointed by advocate was employed or application of either A victim does not served as a volunteer at the party, shall not be waive the privilege by time of the advocacy compelled to give testifying in court relationship, then the testimony or to about the crime, advocate may testify or produce records except if such victim produce records regarding concerning a partially discloses the confidential confidential contents of a communications with the communication for any confidential victim. Neb. Rev. Stat. § purpose in any communication while 29-4304(2) criminal, civil, testifying, then either legislative, party may request the administrative or other court to rule that the proceeding. Neb. Rev. privilege afforded by Stat. § 29-4303(1) this statute be waived Unless the facility is a to the extent that the party to the privilege applies to proceeding, a victim, that portion of the victim advocate or any communication. third party necessary Neb. Rev. Stat. § to facilitate 29-4304(1)(a) communication or the Any waiver shall advocacy process apply only to the cannot be compelled to extent necessary to provide testimony in require any witness to any criminal, civil, respond to counsel's legislative, questions concerning administrative or other a confidential proceeding that would communication that is identify the name, relevant to the case. address, location, or Neb. Rev. Stat. § telephone number of a 29-4304(1)(b) safe house, abuse An advocate cannot shelter or other facility waive the protections that provided afforded a victim. temporary emergency Neb. Rev. Stat. § shelter to the victim of 29-4304(2) the offense that is the subject of the proceeding. Neb. Rev. Stat. § 29-4303(2) Nevada A victim who seeks Holder of Privilege: Nev. Nev. Rev. Stat. § 49.2549(1)-(4) Nev. Rev. Stat. §§ advice, counseling or Rev. Stat. § 49.2548 49.2541-49.2549 assistance from a The purpose of the victim in victim’s advocate has a Privilege may be seeking services from a privilege to refuse to claimed by the victim, victim’s advocate is to disclose, and to the guardian or enable or aid any person to prevent any other conservator of the commit or plan to commit person from victim, the personal what the victim knows or disclosing, confidential representative of a reasonably should have communications. Nev. deceased victim, or known is a crime or . Rev. Stat. § 49.2547 the victim’s advocate ( Communication concerns a but only on behalf of report of abuse or neglect of the victim). a child, older person or The authority of the vulnerable adult in violation victim’s advocate to of Nev. Rev. Stat. §§ 200.508 claim the privilege will or 200.5093, but only as to be presumed absent that portion of the evidence to the communication. contrary. Communication is relevant to an issue of breach of duty Waiver of Privilege: No by the victim’s advocate to procedure specified. the victim or by the victim to the victim advocate. Disclosure is otherwise required by law. New A victim has the Holder of Privilege: Sexual assault counselor N.H. Rev. Stat. §§ Hampshire privilege to refuse to knows that the victim has 173-C:1 to 173-C:10 disclose and to prevent Victim, an attorney on given perjured testimony any other person from the victim’s behalf, and when the defendant has disclosing a the guardian of an made an offer of proof that confidential incompetent victim, there is probable cause to communication made or a minor victim who believe that perjury has by the victim to a is emancipated, been committed. N.H. Rev. sexual assault married, or over the Stat. § 173-C:7 counselor, including age of 15 (unless such Mandatory reporting of any record made in the person is incapable of child abuse or neglect. N.H. course of support, knowingly waiving the Rev. Stat. § 173-C:10 counseling or privilege). N.H. Rev. Privilege terminates upon assistance of the Stat. § 173-C:3 the death of the victim. N.H. victim, in all civil, Waiver of Privilege: Rev. Stat. § 173-C:2 (I) administrative and criminal legal Waiver must be in proceedings, including writing, and must be discovery proceedings. given prior to a N.H. Rev. Stat. § proceeding. N.H. Rev. 173-C:2, C:3 Stat. § 173-C:2(I) The privilege and A minor victim who is confidentiality extends emancipated, married, to (i) a third person or over the age of 15 present to assist may waive the communication with privilege unless the the victim, (ii) a third court finds that the person present to minor is incapable of assist a victim who is knowingly waiving the physically challenged privilege. N.H. Rev. and (iii) Stat. § 173-C:3(c) co-participants in Waiver as to a specific support group portion of a counseling the victim. confidential N.H. Rev. Stat. § communication does 173-C:2 not constitute a The location and waiver of the entire address of a rape crisis communication. N.H. center are absolutely Rev. Stat. § 173-C:4 privileged. N.H. Rev. Stat. § 173-C:6 New Jersey N.J. Stat. Ann. § Holder of Privilege: Disclosure to a defendant of N.J. Stat. Ann. §§ 2A:84A-22.15 statements or information 2A:84A-22.13 to Privilege must be given by a victim to a 2A:84A-22.16, 22.29 A victim counselor has claimed by the victim victim-witness coordinator, a privilege not to be counselor, unless where such disclosure is examined as a witness otherwise instructed required by the State or in a civil or criminal by prior written Federal Constitution. N.J. proceeding with regard consent of the Stat. Ann. § 2A:84A-22.16 to any confidential victim. N.J. Stat. Ann. A person waives his or her communication. § 2A:84A-22.15 right or privilege to refuse A victim counselor or to disclose or to prevent victim cannot be Waiver of Privilege: N.J. Stat. Ann. § 2A:84A-22.15 another from disclosing a compelled to provide specified matter if he or she testimony that would Waiver must be in or any other person while identify the name, writing, and must be the holder thereof has (a) address, location, or given prior to a contracted with anyone not telephone number of a proceeding. to claim the privilege or (b) shelter that provided Victim, an without coercion and with temporary emergency incompetent victim’s knowledge of his or her shelter to the victim of guardian, or a right or privilege, made the offense that is the deceased victim’s disclosure of any part of the subject of the executor or privileged matter or proceeding, unless the administrator may consented to such facility is a party to the waive the privilege, disclosure by anyone. N.J. proceeding.. unless the victim’s Stat. Ann. § 2A:84A-29; NJ State v. J.G., 619 A.2d guardian, executor or R EVID N.J.R.E. 530 232, 236 (N.J. Super. administrator is the Ct. App. Div. 1993) defendant or has an The privilege is interest adverse to the broad enough to victim. encompass both Privilege may be direct and indirect knowingly waived by a victims of crimes juvenile. of violence. If a minor victim is The person whose incapable of statements are knowingly waiving the protected under privilege, the victim’s this privilege does parent or guardian not have to be the may waive the individual upon privilege, unless the whom the crime victim’s parent or was perpetrated. guardian is the defendant or has an interest adverse to the victim. State v. J.G., 619 A.2d 232, 238 (N.J. Super. Ct. App. Div. 1993) The power to waive the privilege rests solely with the victim. Mistaken release of the confidential files by the victim counselor does not constitute a waiver of the privilege. Parent could not waive child’s victim-counselor privilege when parent had interest adverse to the child. State v. C.E.L., No. A-5783-13T1, 2018 WL 4167729, at *21 (N.J. Super. Ct. App. Div. Aug. 31, 2018) New Mexico A victim or victim Holder of Privilege: Mandatory reporting of N.M. Stat. §§ 31-25-1 counselor without suspected child abuse or to -6 consent of the victim The victim, the neglect as set forth in N.M. (or without consent of victim’s custodian Stat. § 32A-4-3. N.M. Stat. § a custodial guardian or guardian, or the 31-25-5. guardian ad litem if a victim’s guardian ad Victim counselor knows minor or incapacitated litem holds the that victim is about to victim) shall not be privilege. N.M. Stat. § commit a crime. N.M. Stat. compelled to provide 31-25-3(A) § 31-25-5 testimony or produce Waiver of Privilege: Victim brings a malpractice records concerning suit against a victim confidential Victim or the counselor or the communications for custodial guardian (or organization in which the any purpose in any guardian ad litem) of victim counselor worked or criminal action or other a minor or volunteered at the time of judicial, legislative or incapacitated victim the counseling relationship. administrative may give consent to N.M. Stat. § 31-25-4(B) proceeding. disclosure. N.M. Stat. Communications with a A victim counselor or a § 31-25-3(A) victim advocate affiliated victim shall not be A victim does not with a law enforcement compelled to provide waive the privilege by agency or the office of a testimony in any civil testifying in court district attorney are not or criminal proceeding about the crime, privileged. N.M. Stat. § that would identify the however, if a victim 31-25-2(E). Nevertheless, name, address, partially discloses the because “victim advocates location or telephone contents of a are part of the prosecution number of a safe privileged team,” their work is house, abuse shelter or communication while protected by work product other facility that testifying, either party doctrine. Brandenburg v. provided temporary may request the court Blackmer, 137 N.M. 258, 263 emergency shelter to rule that the privilege (N.M. 2005). Accordingly, the victim of the afforded by this statements made to the offense or occurrence statute be waived to victim advocate are that is the subject of a the extent that the discoverable, but the victim judicial, legislative or privilege applies to advocate’s own impressions, administrative that portion of the statements or questions to proceeding unless the communication. the victim, conclusions, etc. facility is a party to the Waiver shall apply are not. proceeding. N.M. Stat. only to the extent § 31-25-3. necessary to require Statements made to any witness to counselors at respond to questions Albuquerque Rape concerning the Crisis Center were held confidential by the New Mexico communication that Supreme Court to be are relevant to the privileged much the facts and same way statements circumstances of the made to a psychiatrist case. N.M. Stat. § are privileged 31-25-4(A) underJaffe v. Redmond, A victim counselor 518 U.S. 1, 10-12 shall not have (1996). Albuquerque authority to waive the Rape Crisis Center v. protections afforded Blackmer, 138 N.M. 398 to a victim under the (N.M. 2005) Victim Counselor Confidentiality Act; provided that if a victim brings suit against a victim counselor or the agency, business or organization in which the victim counselor was employed or served as a volunteer at the time of the counseling relationship and the suit alleges malpractice during the counseling relationship, the victim counselor may testify or produce records regarding confidential communications with the victim without liability for those actions. N.M. Stat. § 31-25-4(B) New York A rape crisis counselor Holder of Privilege: N.Y. CPLR § 4510(b)(1)-(3) N.Y. CPLR § 4510 or victim shall not be required to disclose a Only the victim, the Victim authorizes disclosure. communication made personal Victim reveals the intent to by a victim or advice representative of a commit a crime or harmful given by the rape crisis deceased victim, or act in the course of counselor in the course the conservator of an counseling. of the counselor’s incompetent victim Victim institutes charges services. may waive the against the rape crisis A rape crisis counselor privilege. N.Y. CPLR § counselor or rape crisis or victim shall not be 4510(c) program for malpractice which concern the required to disclose Waiver of Privilege: any records made in confidential the course of the A victim who communications. services given to the authorizes disclosure Case Law Exception: client. of any privileged Persons working for a communication to an Although there are no cases rape crisis counselor employee of victim discussing the rape crisis or for the same services or an counselor privilege under program as the rape insurance N.Y. CPLR § 4510, People v. crisis counselor (e.g., representative in Bridges, 142 Misc. 2d 789, clerk, stenographer, order to obtain 538 N.Y.S.2d 701 (N.Y. Co. etc.) shall not be compensation from Ct. 1989) held that because a allowed to disclose any an insurance company rape crisis volunteer was not communication made or under article 22 of a “certified social worker” by a victim or advice the executive law under N.Y. CPLR § 4508, the given by the rape crisis shall not be deemed communications with the counselor in the course to have waived the victim were not privileged. of the counselor’s privilege created by By analogy, if a volunteer is services. this section. N.Y. CPLR not a certified “Rape Crisis Persons working for a § 4510(d) Counselor” as defined in rape crisis counselor N.Y. CPLR § 4510(a)(2), then or for the same communications between program as the rape the volunteer and the victim crisis counselor (e.g., would likely not be clerk, stenographer, privileged either. etc.) shall not be allowed to disclose any records made in the course of the services given to the client. North No agent of a center Holder of Privilege: Mandatory reporting of N.C. Gen. Stat. § Carolina shall be required to abuse or neglect of a child 8-53.12 disclose any Only victim may waive or disabled adult. N.C. Gen. information which the the privilege. N.C. Stat. § 8-53.12(c) agent acquired during Gen. Stat. § 8-53.12(b) Any resident or presiding the provision of judge in the district in which services to a sexual the action is pending shall assault victim or compel disclosure, either at domestic violence the trial or prior thereto, if victim and which the court finds, by a information was preponderance of the necessary to enable the evidence, a good faith, agent to render the specific and reasonable services. basis for believing that: Does not apply when The records or the victim waives the testimony sought privilege conferred. contain information Privilege terminates that is relevant and upon the death of the material to factual victim. N.C. Gen. Stat. issues to be determined § 8-53.12(b) in a civil proceeding, or is relevant, material, and exculpatory upon the issue of guilt, degree of guilt, or sentencing in a criminal proceeding for the offense charged or any lesser included offense, The evidence is not sought merely for character impeachment purposes, and The evidence sought is The evidence sought is not merely cumulative of other evidence or information available or already obtained by the party seeking the disclosure or the party's counsel. N.C. Gen. Stat. § 8-53.12(b). Upon such a determination, in camera review is required (see below). North Dakota All agents, employees, Holder of Privilege: Consent of the client. N.D. N.D. Cent. Code § and volunteers Cent. Code § 14-07.1-18 participating in a Only the victim may 14-07.1-18(2)(a) domestic violence waive the privilege. Disclosure of the sexual assault program N.D. Cent. Code § information is necessary for shall maintain the 14-07.1-18(2)(a) the efficient and safe confidentiality of: Waiver of Privilege: operation of a sexual assault The address, program, or for the safety of telephone A victim may only an employee, agent, number, and other consent to the release volunteer, or client of a identifying of information that sexual assault program, or information of a relates to the victim or for the protection of a third shelter, safe home the victim’s party reasonably thought to and place of dependents. N.D. be in need of emergency safe Cent. Code § protection. N.D. Cent. Code housing. N.D. 14-07.1-18(2)(a) § 14-07.1-18(2)(b) Cent. Code § An agent, employee, or 14-07.1-18(1)(a) volunteer has knowledge or The name, reasonable cause to suspect address, a child has been abused or telephone neglected. N.D. Cent. Code § number, 14-07.1-18(2)(d) personally identifying information, and case file or history of any client receiving services from a sexual assault or domestic violence program. N.D. Cent. Code § 14-07.1-18(1)(b) The name, address, telephone number, and other identifying information of an agent, employee, or volunteer providing services through a sexual assault program. N.D. Cent. Code § 14-07.1-18(1)(c) Ohio There is no statutory N/A N/A N/A privilege for communications between a rape crisis counselor and a sexual assault victim. Oklahoma The case records, case Holder of Privilege: The case records, case files, or Okla. Stat. tit. 74, files, case notes, client case notes shall be confidential §§ 18p-1 to 18p-3 records, or similar Only the victim or the and shall not be disclosed except Okla. Admin. records of a domestic personal with the written consent of the Code §§ violence or sexual representative of a individual, or in the case of the 75:15-2-5; assault program deceased or disabled individual's death or disability, of 75:15-5-4 to -5 certified by the victim may waive the the individual's personal Attorney General or of privilege. Okla. Stat. representative or other person any employee or tit. 74, § 18p-3(B.3) authorized to sue on the trained volunteer of Waiver of Privilege: individual's behalf or by court such a program about order for good cause shown by any victim who has Waiver must be in the judge in camera. Okla. Stat. utilized the services of writing. Okla. Stat. tit. tit. 74, § 18p-3(B.3) the domestic 74, § 18p-3(B.3) violence/sexual assault Waiver limited to program or counselor specific information shall be confidential victim allows in the and shall not be release; victim disclosed. Okla. Stat. chooses when, how tit. 74, § 18p-3(B.1) and what personal The location of any information will be victim seeking services shared, or not shared, from a domestic and with whom. Okla. violence or sexual Admin. Code § assault program is 75:15-5-4.1(a)(6) confidential and shall For a waiver of not be disclosed. Okla. confidentiality to be Stat. tit. 74, § 18p-3(C) valid, it must: The address of any Be voluntary; domestic violence Relate only to the shelter is confidential participant or the and shall not be participant's disclosed. Okla. Stat. dependents; tit. 74, § 18p-3(C) Clearly describe The home address, the scope and personal telephone any limitations of number, and social the information security numbers of to be released; staff and volunteers at Include an certified sexual assault expiration date; programs are and confidential Inform the information and may participant that not be disclosed. Okla. consent can be Stat. tit. 74, § 18p-3(D) withdrawn at any A sexual assault time, orally or in program must have writing. Okla. written policies and Admin. Code § procedures for keeping 75:15-5-4.1(a) victim information confidential. Okla. Admin. Code § 75:15-5-4.1(d) When a client record is established, the program shall discuss the confidentiality requirements with each client and maintain documentation in the client record that they have reviewed the circumstances under which confidential information may be revealed. Okla. Admin. Code § 75:15-5-4.1(d) Client records shall be maintained in a locked and secure manner. The sexual assault program must have written policies and procedures to protect the record against loss, theft, defacement, tampering, or unauthorized access or use. Okla. Admin. Code § 75:15-5-5 Oregon There is no privilege for N/A N/A N/A communications between a rape crisis counselor and a sexual assault victim, but Or. Rev. Stat. §409.273(2)(b) provides that all information relating to clients that is maintained by a sexual assault crisis center or crisis line be confidential. Because this statute refers to crisis centers or crisis lines that receive funding from, are contracted with, or otherwise approved by the State of Oregon, it likely would not apply to RAINN. Pennsylvania A sexual assault Holder of Privilege: Because of the mandatory 42 Pa. Cons. Stat. § counselor may not reporting statute, the 5945.1 disclose the victim’s Only victim may waive statutory privilege between confidential oral or the privilege. 42 Pa. sexual assault counselors written Cons. Stat. § and victims does not apply communications to the 5945.1(b)(1) in situations involving counselor or consent Waiver of Privilege: known or suspected child to be examined in any abuse. 23 Pa. Cons. Stat. § court or criminal Consent to disclosure 6311(a) proceeding without the must be in writing. Commonwealth v. Askew, written consent of the 42 Pa. Cons. Stat. § 666 A.2d 1062, 1065 (Pa. victim. 42 Pa. Cons. 5945.1(b)(1) Super. Ct. 1995) Stat. § 5945.1(b)(1); see V.B.T. v. Family Sexual assault also 23 Pa. Cons. Stat § Services of Western counselors have a 6116 regarding Pennsylvania, 705 statutory duty to report confidentiality of A.2d 1325 (Pa. Super. allegations of child communications with Ct. 1998) abuse to the police. domestic violence The court held that the counselor; accord Although foster victim had not waived Commonwealth v. child testified her statutory privilege Davis, 674 A.2d 214, about facts when the counselor 216 (Pa. 1996) surrounding her reported the victim’s Also includes an abuse by her allegations to the police interpreter or father in criminal and a medical coparticipant who is trial, this did not professional. present during result in the counseling. 42 Pa. waiver of Cons. Stat. § confidentiality of 5945.1(b)(2) information otherwise protected under the sexual assault counselor privilege (such as confidential records) because waiver of those privileges must be in writing. Commonwealth v. Askew, 666 A.2d 1062, 1065 (Pa. Super. Ct. 1995) The sexual assault counselor-victim privilege was not waived when a minor victim’s mother allowed the sexual assault counselor to report allegations of child abuse to the police, as the sexual assault counselor has a statutory duty to make this report. The privilege was also not waived when a sexual assault counselor reported allegations of child abuse and disclosed statements made by the victim during the counseling sessions to the Commonwealth’s medical expert—again, the sexual assault counselor has a duty to report suspected child abuse to cause medical tests to be performed on the child, and the report to the medical expert was only in furtherance of this goal. Commonwealth v. Davis, 674 A.2d 214, 215 (Pa. 1996) Privilege is waived when the victim allows the prosecution to have access to the protected records.

Commonwealth v. Gibbs, 642 A.2d 1132, 1135 (Pa. Super. Ct. 1994) Because the prosecution called the counselor as a witness, defendant was entitled to confront his accuser and access the counselor’s records. Puerto Rico Any victim of a crime, The privilege may be If the victim files an action P.R. Laws Ann. tit. 32 whether or not a party claimed not only by for professional malpractice Ap. IV, Rule 26-A; P.R. to the action, has the the holder thereof, against the counselor or Laws Ann. tit. 8, § 652 privilege to refuse to but also by a person against the help and disclose or to prevent authorized by the counseling center where the another from victim, a legal counsel counselor is employed or disclosing a or by the counselor serves as a supervised confidential who received the volunteer, said counselor’s communication communication. P.R. testimony is not subject to between the victim and Laws Ann. tit. 32 Ap. the privilege. P.R. Laws Ann. the counselor, if any IV, Rule 26-A(B). tit. 32 Ap. IV, Rule 26-A (E) one of them reasonably The fact that a victim believed such testifies in court communication to be regarding the crime necessary for the does not constitute a treatment and help waiver of the required. P.R. Laws privilege. P.R. Laws Ann. tit. 32 Ap. IV, Ann. tit. 32 Ap. IV, Rule 26-A (B). Rule 26-A (D). The privilege may be If, as part of claimed not only by the testimony given in holder thereof, but court, the victim also by a person reveals part of the authorized by the confidential victim, a legal counsel communication, it or by the counselor shall be understood who received the as a waiver of the communication. P.R. privilege with respect Laws Ann. tit. 32 Ap. to that portion of the IV, Rule 26-A (B). testimony only. P.R. Neither a counselor or Laws Ann. tit. 32 Ap. a victim, whether or IV, Rule 26-A (D)(1). not a party to the The victim cannot not a party to the The victim cannot action, shall be waive the privilege required to give the through her legal name, address, counsel. P.R. Laws location or telephone Ann. tit. 32 Ap. IV, number of a help Rule 26-A (E). center, shelter, or another facility that gives temporary shelter to a crime victim, unless the facility in question is a party to the action. P.R. Laws Ann. tit. 32 Ap. IV, Rule 26-A(C). All communications between the persons attended to in the Women’s Advocate Office and its personnel shall be privileged and shall be protected by the confidentiality privilege established in the Rules of Evidence of Puerto Rico. P.R. Laws Ann. tit. 8, § 652. All communications between a victim of domestic violence and any other public entity or body, which renders services to victims of domestic abuse, shall enjoy the same privilege and confidentiality, in harmony with Rule 26-A of the Rules of Evidence of Puerto Rico and the Bill of Rights of Victims and of Crime. P.R. Laws Ann. tit. 8, § 652. Rhode Island No privilege for N/A N/A N/A communications between a rape crisis counselor and a sexual assault victim. The Rhode Island Supreme Court has determined that an absolute privilege protecting communications between sexual assault counselors and victims would be unconstitutional and that, if enacted, a sexual assault counselor-victim privilege must include the possibility of in camera review (i.e. private review by the judge). South No statutory privilege for N/A N/A N/A Carolina communications between a rape crisis counselor and a sexual assault victim. South Dakota In order to receive state With respect to Communications with Licensed S.D. Codified Laws § funding, sexual assault and communications with a Professionals are not privileged 25-10-28 domestic violence shelters, Licensed Professional, the under the following services, and programs are person receiving treatment circumstances: S.D. Codified Laws § required to keep from a Licensed 36-26-30 communications with Professional holds the If written consent is obtained from the person S.D. Codified Laws § victims confidential. All privilege. The person 36-32-27 state-funded domestic receiving treatment may or, in the case of death or violence or sexual assault waive the privilege by disability, the person’s S.D. Codified Laws § shelters or service programs providing his/her written personal representative, 19-19-503 are required by law to keep consent. S.D. Codified Laws other person authorized to confidential the following: § 36-26-30 and § sue, or the beneficiary of an S.D. Codified Laws § confidential the following: § 36-26-30 and § the identity, location, 36-32-27. insurance policy on the 19-19-505 records, and information person’s life, health, or With respect to physical condition; S.D. Codified Laws § pertaining to any person to 19-19-508.1 whom services are or were communications with a If the provided. S.D. Codified Laws clergyman, the person communication reveals the S.D. Codified Laws § § 25-10-28. making the communication contemplation or 26-8A-8 to the clergyman may the commission of a crime As for crisis counselors claim the privilege, or his or harmful act; S.D. Codified Laws § themselves, South Dakota or her guardian or If the person is a minor and 26-8A-15 only affords statutory conservator, or by personal the information indicates privileges to representative if he or she that the minor was a victim communications between is deceased. The clergyman or subject of a crime, then victims and specified may also claim the the licensed social worker licensed professionals. privilege on behalf of the or counselor may be Communications between a communicant. S.D. required to testify in any sexual assault victim and a Codified Laws § examination, trial or other licensed certified social 19-19-505. proceeding in which the worker, social worker, commission of such crime is social work associate, the subject of the inquiry; licensed professional and counselor, or licensed If the person waives the professional counselor - privilege by bringing mental health (each, a charges against the social “Licensed Professional”) are worker or counselor. privileged. S.D. Codified Laws § 36-26-30 and § S.D. Codified Laws § 36-26-30 36-32-27. This privilege and § 36-32-27. extends to the social worker’s/counselor’s employees and associates. Communications with a “clergyman” are also privileged, a category that the law defines to include any minister, priest, rabbi, accredited Christian Science practitioner, or similar functionary in a religious organization, or an individual reasonably believed so to be by the person consulting him. S.D. Codified Laws § 19-19-505. Tennessee The records of domestic Holder of Privilege: Information about a program Tenn. Code § 36-3-623 violence shelters, human participant can be disclosed trafficking service The individual to without prior written consent Tenn. Comp. R. & Regs. providers, and rape crisis whom the confidential under four conditions: 0620-03-06-.07 centers must be kept records pertain holds the privilege. Tenn. Disclosure for medical Tenn. Code Ann. § confidential by the 37-1-605 shelter/center. Tenn. Code § Code § 36-3-623(a)(1). emergency; Disclosure to legal guardian 36-3-623. Waiver of Privilege: Tenn. Code Ann. § of a program participant 10-7-504 In addition, each family Each shelter program who has been legally violence shelter must have is required to have its declared incompetent; Tenn. Code Ann. § written rules, regulations own written policy Disclosure for reporting of 37-1-411 and statement of rights specifying the child abuse or adult abuse; which are given to shelter procedure for and residents and made releasing a program Disclosure required by available to non-residents participant’s subpoena or for monitoring as appropriate as part of information, but in all and auditing purposes. the intake process. This cases (except those must include a written Tenn. Comp. R. & Regs. below) prior written 0620-03-06-.07. policy regarding the consent from the disclosure of information program participant is about any program required. Tenn. Comp. participant. This policy will R. & Regs. specify procedure regarding 0620-03-06-.07. release of client information to include who may release information, what types of information may be released, to what resources the information may be released, and under what conditions information may be released. Tenn. Comp. R. & Regs. 0620-03-06-.07. Texas A communication Holder of Privilege: A confidential Tex. Gov’t Code § between an advocate communication, record, or 420.003, § 420.011, § and a survivor, or a Survivor, parent or evidence may be disclosed 420.051, person claiming to be a guardian of a minor in court or in an 420.071-420.075 and survivor, that is made survivor, an attorney administrative proceeding if: 420.0735. in the course of ad litem appointed for The proceeding is providing sexual the survivor, or a brought by the survivor Texas C.C.P. assault advocacy personal against an advocate or Art. 56.045. services to the survivor representative of a a sexual assault is confidential and may deceased survivor, program; not be disclosed except holds the privilege. The proceeding is as expressly provided Tex. Gov’t Code § either a criminal by the Texas code 420.072(a)(2); § proceeding or a (which exceptions are 420.073(a) certification revocation described below). Tex. Waiver of Privilege: proceeding in which Gov’t Code § 420.071(a). disclosure is relevant to A record of the Consent For the Release the claims or defense identity, personal of Confidential of the advocate or history, or background Information (Other Than sexual assault program; information of a Evidence Contained in an or survivor, or Evidence Collection Kit) The survivor or other information concerning (Tex. Gov’t Code § 420.073) appropriate person the victimization of the consents in writing to survivor that is created Consent for the the disclosure (as by or provided to an release of confidential provided in Tex. Gov’t advocate or maintained information (other Code § 420.073 or by a sexual assault than evidence 420.0735, summarized program is confidential contained in an in the waiver of and may not be evidence collection privilege section disclosed except as kit) must be in writing above). Tex. Gov’t Code expressly provided by and signed by the § 420.072(a). the Texas code (which survivor (or other exceptions are holder of the described below). Tex. privilege), and must specify: A confidential Gov’t Code § 420.071(b). communication, record, or A person who receives The information or records evidence (as described information from a above) may be disclosed confidential covered by the release; only to: communication or Medical or law record may not The reason or purpose for the enforcement personnel disclose it except to if the advocate the extent that release; The person to determines that there disclosure is consistent is a probability of with the authorized whom the information is to imminent physical purposes for which the danger to any person information was be released; and A reasonable for whom the obtained. Tex. Gov’t communication, record Code § 420.071(c). time limitation during which the or evidence is relevant; The privilege exists Medical or law regardless of when the information or records may be enforcement personnel sexual assault survivor if the advocate received the services of released. Tex. Gov’t Code § determines that there the advocate or sexual is a probability of assault program. Tex. 420.073(a) A survivor or other immediate mental or Gov’t Code § emotional injury to the 420.071(d). person authorized to consent may survivor; An intentional or A governmental agency, knowing disclosure of withdraw consent to the release of if the disclosure is a communication, required by law; record or evidence that information by submitting a written A qualified person to is confidential (as the extent necessary described above) in notice of withdrawal to the person or for a management or violation of the financial audit, privilege is a Class C sexual assault program to which program evaluation, or misdemeanor. Tex. research (except that in Gov’t Code § 420.075. consent was provided. However, none of these cases any information may a survivor be already disclosed directly or indirectly before the written identified); notice of withdrawal A person authorized to was received will not receive the disclosure be affected by the as a result of written withdrawal. Tex. Gov’t consent obtained under Code § 420.073(b). Tex. Gov’t Code § 420.073 or 420.0735 Consent For the Release (as summarized in the of Evidence Contained in waiver of privilege an Evidence Collection Kit section above); or (Tex. Gov’t Code § An advocate or person 420.0735) under the supervision of a counseling Consent for the supervisor who is release of evidence participating in the contained in an evaluation, counseling, evidence collection kit or advocacy for the must be in writing survivor. Tex. Gov’t and signed by: Code § 420.072(b). The survivor, if Disclosure is not permitted the survivor is 14 to a parent or legal guardian years old or of a minor survivor or an older (even if the adult survivor for whom a survivor is an guardian is appointed if an adult survivor advocate or program knows with a guardian or has reason to believe that that has been the parent or legal guardian appointed, is a suspect or accomplice irrespective of in the sexual assault of the whether the survivor. Tex. Gov’t Code § guardian signs 420.072(c). the release); Disclosure is required in The survivor’s response to a criminal parent or subpoena (i.e., one that is guardian or an issued in accordance with employee of the the law in any criminal Department of investigation or Family and proceeding). Tex. Gov’t Code Protective § 420.074. Services, if the A person having cause to survivor is believe that a child's younger than 14 physical or mental health or years old; or welfare has been adversely The survivor’s affected by abuse, neglect or personal exploitation by any person representative, if shall immediately make a the survivor is report without exception to deceased. an individual whose The written consent personal communications must specify: may otherwise be privileged, The evidence including an attorney, a covered by the member of the clergy, a release; medical practitioner, a The reason or social worker, a mental purpose for the health professional, and an release; and employee of a clinic or The person to health care facility that whom the provides reproductive evidence is to be services. Tex. Fam. Code released. Ann. § 261.101. A survivor or other person authorized to consent may withdraw consent to the release of information by submitting a written notice of withdrawal to the person or sexual assault program to which consent was provided. However, any information already disclosed before the written notice of withdrawal was received will not be affected by the withdrawal. Utah Information given to a Holder of Privilege: The confidential communication Utah Code §§ sexual assault counselor by between a victim and a sexual 77-38-201 to a victim and reports or The victim holds the assault counselor is available to a 77-38-204 working papers made in the privilege, so long as third person only when: (“Confidential course of the counseling the victim is not a Communications for relationship are confidential minor. However, while the victim is a minor and Sexual Assault Act”) communications and the victim holds the the counselor believes it is and Utah Code Ann. §§ afforded protection under privilege, waiving it in the best interest of the 62A-4a-401 to Utah law. Utah Code § requires input from victim to disclose the 62A-4a-415 (“Child 77-38-204. the sexual assault confidential communication Abuse or Neglect counselor (see waiver to the victim’s parents or Reporting Reporting of privilege below). guardian; Requirements”). U.C.A. the victim is a minor and When the victim is a 1953 § 53B-28-201 the minor’s parents or (definitions pertaining minor, the counselor guardian have consented to may disclose to institutional disclosure of the advocacy services) confidential confidential communication communications to to a third party based upon the victim’s parents representations made by the or guardians if the counselor that it is in the counselor believes it best interest of the minor is in the best interest victim to make such of the victim (see disclosure ; exceptions to the the victim is not a minor, privilege below). For a has given consent, and the victim that is a minor, counselor believes the the victim’s parents disclosure is necessary to or guardians hold the accomplish the desired privilege. However, result of counseling; or while the victim’s the counselor has an parents or guardians obligation under Title 62A, hold the privilege, Chapter 4a, Child and waiving it requires Family Services, to report input from the sexual information transmitted in assault counselor (see the confidential waiver of privilege communication (see below). below). Utah Code § 77-38-204.

If the victim is a minor and the Waiver of Privilege: sexual assault counselor has There are three reason to believe that the victim requirements before a has been subjected to abuse or victim may waive the neglect, or observes that the privilege: (1) the victim is being subjected to victim must be an circumstances which would adult; (2) the victim reasonably result in abuse or must give consent; neglect, the counselor must and (3) the sexual immediately notify the nearest assault counselor peace officer, law enforcement must believe the agency, or office of the division disclosure is of Child and Family Services. necessary to Utah Code § 77-38-204(4) and accomplish the Utah Code Ann. § 62A-4a-403. desired result of counseling. Utah Code § 77-38-204(3). When the victim is a minor, the parents or guardian of the victim may waive the privilege, but only if the sexual assault counselor has made representations that it is in the best interest of the victim to disclose the confidential communication. Utah Code § 77-38-204(2). Vermont A victim receiving direct Holder of Privilege: A communication is confidential Vt. Stat. tit. 12, § 1614; services from a crisis only if it was not intended to be 33 VSA §§ 4913; 33 worker has the privilege to The victim holds the disclosed to third persons other VSA §§ 4914 refuse to disclose and to privilege. Both the than those to whom disclosure is prevent any other person victim and the crisis made in furtherance of the from disclosing a worker may claim the rendering of services to the confidential communication privilege, but the victim or those reasonably made by the victim to the crisis worker may necessary for the transmission of crisis worker, including any only claim the the communication. Vt. Stat. record made in the course privilege only on Ann. tit. 12, § 1614(a)(2). of providing support, behalf of the victim. counseling or assistance to Vt. Stat. Ann. tit. 12, § The recipient may also be the victim. Vt. Stat. Ann. tit. 1614(b). subject to mandatory reporting 12, § 1614(b). requirements (see below), which Waiver of Privilege: under Vermont law automatically No procedure override any confidentiality or specified. privileges. Virgin Islands No statutory privilege for N/A N/A N/A communications between a rape crisis counselor and a sexual assault victim. Virginia Confidentiality between Holder of Privilege: Va. Code § 63.2-104.1(D)(1)-(3) Va. Code § 63.2-104.1 programs and individuals providing services to The victim, or in the In order to comply with victims of sexual assault or case of an federal, state, tribal, or domestic violence and unemancipated minor territorial reporting, victims victim, the minor and evaluation, or data the parent or collection requirements, In order to ensure the guardian, or the sexual assault programs and safety of adult and guardian of an individuals providing child victims (and their incapacitated victim services to victims of families) of domestic may waive the domestic violence, dating violence, dating privilege related to violence, sexual assault, or violence, sexual individual client stalking, or victims of assault, or stalking, or information unless abduction with intent to victims of abduction that person is the extort money or for with intent to extort abuser or alleged immoral purposes, money or for immoral abuser of the minor prostitution, human purposes, prostitution, or incapacitated trafficking, or commercial human trafficking, or person, or the abuser sex trafficking may share: commercial sex or alleged abuser of nonpersonally trafficking, programs the other parent of identifying aggregate and individuals the minor. Va. Code § data regarding services providing services to 63.2-104.1(B)(2) to their clients and such victims must nonpersonally protect the Waiver of Privilege: identifying confidentiality and Consent to disclosure demographic privacy of victims. Va. must be informed, information; Code § 63.2-104.1(A) written, and court- and law Programs and reasonably enforcement-generated individuals providing time-limited. Va. information contained services to victims may Code § in secure governmental not disclose any 63.2-104.1(B)(2) registries for personally identifying protection enforcement information or purposes; and individual information information necessary collected in connection for law enforcement with services and prosecution requested, utilized, or purposes. denied through sexual or domestic violence programs, or reveal Applicability of Mandatory individual client Reporting of Child Abuse information. Va. Code § and Neglect to Sexual 63.2-104.1 (B)(1) and Assault Advocates, Op. Va. (2) Att’y Gen. 09-097, 2010 WL 132545 (Jan. 5, 2010). Generally, advocates working in sexual assault crisis centers are not statutorily mandated to report child abuse and neglect. Exceptions: If advocate performs activities placing him in Va. Code § 63.2-1509(A) categories, he is required to report suspected child abuse or neglect. Va. Code § 1509(A) categories include doctors, hospital residents and interns, nurses, social workers and family-services specialists, probation officers, teachers and other public or private school employees, child care providers, emergency medical services personnel, mental health professionals, law enforcement officers, and court-appointed special advocates.

Patient-counselor privilege. Virginia law providing that programs and individuals providing services to victims of sexual assault shall protect the confidentiality and privacy of persons receiving services did not create a patient-counselor privilege that protected a university student's communications with a university official, who was head of the university's sexual misconduct board, and the university, concerning the student's alleged gang rape at a fraternity house. Eramo v. Rolling Stone LLC, 2016, 314 F.R.D. 205. Washington Confidentiality between Wash. Rev. Code § Wash. Rev. Code § 5.60.060(7) Wash. Rev. Code § victim and sexual assault 5.60.060(7) 5.60.060(7) advocate. If failure to disclose is likely Wash. Rev. Code § Holder of Privilege: to result in a clear, 70.125.030 and Wash. Rev. Code § imminent risk of serious The victim is the § 70.125.065 5.60.060(7) physical injury or death of (“Victims of holder of the the victim or another A sexual assault advocate privilege. Wash. Rev. Sexual Assault person. Act”) may not, without consent of Code § 5.60.060(7) Any sexual assault advocate the victim, be examined as participating in good faith to any communication made Waiver of Privilege: No procedure specified. in the disclosing of records between the victim and the and communications shall sexual assault advocate. Wash. Rev. Code § have immunity from any Wash. Rev. Code § 70.125.030 and § liability, civil, criminal, or 5.60.060(7) 70.125.065 (“Victims of otherwise, that might result Wash. Rev. Code § Sexual Assault Act”) from the action. 70.125.030 and § Good faith of sexual assault Holder of Privilege: Not advocate who disclosed the 70.125.065 (“Victims of specified. Sexual Assault Act”) confidential communication Waiver of Privilege: will be presumed. Records maintained by a community sexual assault State v. Gregory, 147 Wash. Rev. Code § 70.125.030 program and underserved P.3d 1201, 1220 and § 70.125.065 (“Victims of populations provider shall (Wash. 2006) Sexual Assault Act”) not be made available to any See "In Camera Review" below. defense attorney as part of Mention of the discovery in a sexual assault fact that In Camera Review: Provided for case. Wash. Rev. Code § counseling by statute. 70.125.065 occurred, without divulging the Records maintained by a content of the community sexual assault counseling program and underserved record, does not populations provider shall waive the not be made available to any privilege. defense attorney as part of discovery in a sexual assault State v. Espinosa, 733 case unless: P.2d 1010, 1012-13 A written pretrial (Wash. Ct. App. 1987) motion is made by the The presence of defendant to the court an investigating stating that the police officer defendant is requesting during an discovery of the interview with a community sexual sexual assault assault program or victim did not underserved waive the populations provider privilege records; established under The written motion is this statute accompanied by an because the affidavit or affidavits police officer’s setting forth presence during specifically the reasons the interview was why the defendant is why the defendant is not casual, and requesting discovery of instead, it was the community sexual the rape assault program or counselor who underserved was present as populations provider observer during records; the officer’s The court reviews the interview with community sexual the victim and assault program or the officer was a underserved necessary party populations provider to the records in camera (i.e. communication. private review by the The presence of judge) to determine third persons whether the during an community sexual interview with a assault program or sexual assault underserved victim, when populations provider desired by the records are relevant victim, does not and whether the necessarily waive probative value of the the privilege. records is outweighed by the victim’s privacy interest in the confidentiality of such records taking into account the further trauma that may be inflicted upon the victim by the disclosure of the records to the defendant; and The court enters an order stating whether the records or any part of the records are discoverable and setting forth the basis for the court’s findings. Wash. Rev. Code § 70.125.065(1)-(4)

State v. Espinosa, 733 P.2d 1010, 1012 (Wash. Ct. App. 1987) The trial court is not required to balance on the record the probative value of the rape crisis center’s records against the victim’s interest in the confidentiality of such records because such a rule would defeat the purpose of the statute by requiring the disclosure of information that is presumptively privileged. Standard for In Camera Review: State v. Kalakosky, 852 P.2d 1064, 1077 (Wash. 1993) Before a court will conduct an in camera review (i.e. private review by the judge) of records privileged under this statute, the defendant must make a particularized factual showing that such records are likely to contain material contain material relevant to the defense; the possibility of finding exculpatory material is insufficient to lift the privilege. State v. Espinosa, 733 P.2d 1010, 1011 (Wash. Ct. App. 1987) When a privileged record contains nothing inconsistent with any evidence to which the defendant was given access or with the victim’s trial testimony, disclosure of the privileged records is not required. State v. Ahlfinger, 749 P.2d 190, 195 (Wash. Ct. App. 1988) Defendant will not gain access to rape crisis counseling notes simply because a witness for the prosecution used those notes to refresh his memory before testifying—the notes are still subject to the balancing analysis described above before disclosure can be compelled. West Virginia Confidentiality between Holder of Privilege: W. Va. Code § W. Va. Code § domestic violence 48-26-701(a)(1)-(6) 48-26-208, § program/shelter and victim Only the person 48-26-214 and § seeking or who has In an action against any 48-26-701 No program licensed sought services from person having custody or pursuant to the the program may control over a child or Domestic Violence Act waive the privilege. incapacitated adult to abate may disclose, reveal, or W. Va. Code § any abuse or neglect of the release or be 48-26-701(a)(1) child or incapacitated adult. compelled to disclose, Mandatory reporting of reveal or release, any Waiver of Privilege: abuse or neglect of a child written records or Generally, waiver or incapacitated adult, or in personal or personally must be in writing an action to abate an identifying information and must be signed emergency situation about a program by the client, but oral requiring immediate participant created or consent is allowed in remedial treatment. maintained in emergency situations Upon a court order, as providing services, defined by legislative provided below. regardless of whether rule. W. Va. Code § To protect against a clear the information has 48-26-701(a)(1); W. and substantial danger of been encoded, Va. Code § imminent injury by a person encrypted, hashed, or 48-26-701(f) receiving services to himself otherwise protected. A victim of domestic or herself or another. W. Va. Code § violence, dating 48-26-701(a) violence, sexual assault, or stalking shall not be required to provide consent to release his or her personally identifying information as a condition of eligibility for the services, nor may any personally-identifying information be shared in order to comply with federal or state reporting, evaluation, or data collection requirements, provided, that nothing in this section prohibits a program from reporting suspected abuse or neglect when the program is mandated by law to report suspected abuse or neglect. W. Va. Code § 48-26-701(g) The statute includes detailed information about how batterer intervention and prevention program participants can authorize the release of information by signing certain releases, but this is not directly relevant to records of rape crisis centers. W. Va. Code § 48-26-701(b) Wisconsin Confidentiality between Holder of Privilege: Wis. Mandatory reporting of Wis. Stat. § 905.045 victim and domestic Stat. § 905.045(3) child abuse or neglect. Wis. violence/ sexual assault Stat. § 905.045(4) advocate Privilege may be claimed by the victim, A victim has a privilege the victim’s guardian to refuse to disclose or conservator, the and to prevent anyone personal else from disclosing representative of a confidential deceased victim, or communications made the victim’s advocate or information on the victim’s behalf. obtained or A victim advocate’s disseminated among authority to claim the the victim, the victim’s privilege in this advocate acting in the statute is presumed in scope of his or her the absence of duties as an advocate, evidence to the and persons who are contrary. participating in providing counseling, Waiver of Privilege: No assistance, or support procedure specified. services under a victim advocate’s direction, if the communication was made or the information was obtained or disseminated for the purpose of providing counseling, assistance or support services to the victim. Wis. Stat. § 905.045(2) Wyoming Confidentiality between Only the victim may Mandatory reporting of Wyo. Stat. § 1-12-116 victim and family waive the privilege. child abuse or neglect. Wyo. violence/sexual assault Wyo. Stat. § Stat. § 1-12-116(b); Wyo. advocate 1-12-116(b)(i)(A)(I) Stat. § 14-3-205(a) Consent to disclosure A sexual assault must be express. victim’s advocate may Wyo. Stat. § not testify concerning a 1-12-116(b)(i)(A)(I) confidential communication made by a victim in the course of their counseling relationship in any civil, criminal, legislative, or administrative proceeding. Wyo. Stat. § 1-12-116(b)(i) Any employee of a family violence and sexual assault program who has access to confidential communication may not testify except in those circumstances where the advocate may testify. Wyo. Stat. § 1-12-116(b)(ii)