ARTICLE 8.5. Sexual Assault Counselor-Victim Privilege

Heading of Article 8.5 amended by Stats. 2006, Ch. 689, Sec. 3.

§§ 1035–1036.2 · 7 sections

• § 1035 As used in this article, “victim” means a person who consults a sexual assault counselor for the purpose of securing advice or assistance concerning a mental,…
• § 1035.2 As used in this article, “sexual assault counselor” means any of the following: (a) A person who is engaged in any office, hospital, institution, or center…
• § 1035.4 As used in this article, “confidential communication between the sexual assault counselor and the victim” means information transmitted between the victim and…
• § 1035.6 As used in this article, “holder of the privilege” means: (a) The victim when such person has no guardian or conservator. (b) A guardian or conservator of the…
• § 1035.8 A victim of a sexual assault, whether or not a party, has a privilege to refuse to disclose, and to prevent another from disclosing, a confidential…
• § 1036 The sexual assault counselor who received or made a communication subject to the privilege under this article shall claim the privilege if he or she is present…
• § 1036.2 As used in this article, “sexual assault” includes all of the following: (a) Rape, as defined in Section 261 of the Penal Code. (b) Unlawful sexual…