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ALABAMA Ala. Code §§ 15-23-40 to 45 The Victim Counselor Confidentiality Act of 1987
PRIVILEGE RULE	Criminal Proceedings: A victim of sexual assault or family violence, or a victim counselor, cannot be compelled to give testimony or produce records concerning confidential communications for any purpose, without the consent of the victim in any criminal proceeding. A victim of sexual assault or family violence, or a victim counselor, cannot be compelled to give testimony that would identify the name, address, location, or telephone number of any facility that provided shelter to the victim, unless the facility is a party to the proceeding. Civil Proceedings: A victim of sexual assault or family violence, or a victim counselor, cannot be compelled to give testimony that would identify the name, address, location, or telephone number of any facility that provided shelter to the victim, unless the facility is a party to the proceeding. There is generally no privilege of confidential communications in civil proceedings. However, if the victim counselor also qualifies as a licensed professional counselor or as a counselor associate, privilege can be asserted in civil proceedings as well. (See Ala. Rule 503A)
DEFINITIONS	Victim Counseling: Assessment, diagnosis, and treatment to alleviate the adverse emotional or psychological impact of a sexual assault or family violence on the victim. Victim counseling includes, but is not limited to, crisis intervention. Victim Counselor: Any employee or supervised volunteer of a victim counseling center or other agency, business, or organization that provides counseling to victims who is not affiliated with a law enforcement agency or a prosecutor's office and whose duties include treating victims for any emotional or psychological condition resulting from a sexual assault or family violence. Counselor Communication: Any information exchanged between a victim and a victim counselor in private or in the presence of a third party who is necessary to facilitate communication or further the counseling process and which is disclosed in the course of the counselor's treatment of the victim for any emotional or psychological condition resulting from a sexual assault or family violence.
ADDITIONAL INFORMATION	Ala. Rule 503A: A victim, or victim's guardian, has a privilege to refuse to disclose confidential communication. The victim counselor may claim the privilege on behalf of the client. Generally, privilege for confidential communications may only be asserted in criminal cases, unless the victim counselor is a licensed professional counselor or counselor associate, and then privilege can also be asserted in civil cases. Ala. Code § 15-23-43: Victim does not waive privilege by testifying about crime. Jordan v. State, 607 So.2d 333: Only victim can waive privilege for confidential communication. Privilege exists with a third party present necessary to facilitate the communication.
EXCEPTIONS	*Schaefer v. State*, 676 So.2d 947: In camera examinations of victim's records allowed when the victim's credibility is challenged. By partially disclosing confidential communication while testifying, victim waives privilege to portion of communication disclosed. If victim brings suit against victim counselor alleging malpractice during the counseling relationship, the victim counselor may testify or produce records regarding confidential communications with the victim. Victim counselor has duty to report suspected child abuse or neglect or any evidence the victim is about to commit a crime.
ALASKA Alaska Stat. §§ 18.66.200-250 Compulsory Disclosure of Communications Prohibited
PRIVILEGE RULE	A victim or victim counselor cannot be compelled to give testimony or produce records concerning confidential communications in a criminal, civil, legislative, or administrative proceeding without consent. A victim or victim counselor may not be compelled to provide testimony in a criminal, civil, or administrative proceeding that would identify the name, address, location or telephone number of a facility that provided shelter to the victim, unless that information is necessary and relevant to the facts of the case.
DEFINITIONS	Confidential Communication: Information exchanged between a victim and a victim counselor in private or in the presence of a third party who is necessary to facilitate communication or further the counseling process and that is disclosed in the course of victim counseling resulting from a sexual assault or domestic violence. Victim: A person who consults a victim counselor for assistance in overcoming adverse effects of a sexual assault or domestic violence. Victim Counselor: An employee or supervised volunteer of a victim counseling system that provides counseling to victims.
ADDITIONAL INFORMATION	AK Stat. §18.66.230: A negative inference may not be drawn from the claim of privilege. Third Party Facilitators: Privilege remains when third party present to facilitate communication.
EXCEPTIONS	Reports of suspected child abuse or neglect Evidence that the victim is about to commit a crime A proceeding that occurs after the victim's death Communication relevant to an issue of breach of duty arising out of the victim-victim counselor relationship by either victim or victim counselor. Communication that is admissible hearsay as an excited utterance. A child-in-need-of-aid proceeding Communication made during victim-victim counselor relationship if the services of the counselor were sought to enable anyone to commit or plan a crime or escape detection or apprehension after a crime. Criminal proceeding concerning criminal charges against the victim of domestic violence or sexual assault where the victim is charged with a crime against a minor in which the physical, mental or emotional condition of the victim is raised as a defense. By partially disclosing confidential communication in a civil, criminal or administrative proceeding, victim waives privilege to portion of communication disclosed.
ARIZONA Domestic Violence Victim Advocate: A.R.S § 12-2239 Consultation Between Crime Victim Advocate and Victim: A.R.S. §§ 13-4401, 13-4430 Consultation Between Crime Victim Advocate and Victim: A.R.S. 8-409
PRIVILEGE RULE	Criminal Proceedings: A crime victim advocate shall not disclose as a witness any communication between the advocate and victim without victim's written consent. Civil Proceedings: In any civil action, the domestic violence advocate shall not testify to the communication between the domestic violence advocate and the domestic violence victim.
DEFINITIONS	Crime Victim Advocate: A person who is employed or authorized by a public entity or a private entity that receives public funding primarily to provide counseling, treatment or other supportive assistance to crime victims. Victim: Person against whom the criminal offense has been committed. Domestic Violence Victim Advocate: A person who is an employee or volunteer at a domestic violence shelter or service provider for victims of domestic violence and meets the training requirements.
ADDITIONAL INFORMATION	The victim must consent in writing that the victim advocate can disclose communication between the advocate and victim, including records, notes, documents, correspondence, reports or memorandum, except compensation or restitution information. If the victim advocate is employed by or authorized by the prosecutor's office, the advocate may disclose information to the prosecutor with the oral consent of the victim. Any information disclosed with the consent of the victim shall be given to the defendant's attorney only if that information is otherwise discoverable. To qualify for privilege, the domestic violence advocate must have at least thirty hours of training in assisting victims of domestic violence. The training must include an explanation of privileged communication and the reporting requirements.
EXCEPTIONS	Perjured Testimony: The communication is not privileged if the crime victim advocate knows that the victim will give or has given perjured testimony or if the communication contains exculpatory material, unless the domestic violence shelter or service provider has immunity under other provisions of law. Compensation or Restitution Information: The victim advocate can disclose compensation or restitution information without consent. In Camera Review: If the court finds there is reasonable cause to believe the privileged information is exculpatory, the court shall hold an in camera review of the information. Civil Commitment: Privilege does not apply in a civil action brought relating to civil commitment of sexually violent persons. Non-Accidental Injuries/Neglect to Minors: Privilege does not extend to cases in which the domestic violence victim advocate has a duty to report non-accidental injuries or neglect of minors (See AZ Stat. §13-3620).
ARKANSAS No privilege law between domestic or sexual abuse advocates and victims.
CALIFORNIA Sexual Assault Victim-Counselor Privilege: Cal. Evid. Code § 1035-1035.8 Domestic Violence Victim-Counselor Privilege: Cal. Evid. Code § 1037-1037.8
PRIVILEGE RULE	Sexual Assault Victim-Counselor Privilege: A victim of sexual assault has a privilege to refuse to disclose, and to prevent another from disclosing, a confidential communication between the victim and sexual assault victim counselor if the privilege is claimed by the holder of the privilege; a person who is authorized to claim the privilege by the holder of the privilege; or the person who was the sexual assault victim counselor at the time of the confidential communication, unless there is no holder of the privilege in existence, or he is otherwise instructed by a person authorized to permit disclosure. Domestic Violence Victim-Counselor Privilege: A victim of domestic violence has a privilege to refuse to disclose, and to prevent another from disclosing, confidential communication between the victim and counselor, if the privilege is held by the holder of the privilege; a person authorized to claim the privilege by the holder of the privilege; or the person who was the counselor at the time of the confidential communication, unless there is no holder of the privilege in existence, or he is otherwise instructed by a person authorized to permit disclosure.
DEFINITIONS	Sexual Assault Victim: A person who consults a sexual assault victim counselor for the purpose of securing advice or assistance concerning a mental, physical, or emotional condition caused by a sexual assault. Sexual Assault Victim Counselor: Person engaged in a rape crisis center, whose primary purpose is to render advice or assistance to victims of sexual assault and who received a certificate of training, and either is a psychotherapist, has a master's degree in counseling or related field, has one year of counseling experience (at least six months which is in rape crisis counseling), or has 40 hours of training by a qualified counselor. Holder of the Privilege: The victim when such person has no guardian or conservator; a guardian or conservator of the victim; the personal representative of the victim if the victim is dead. Confidential Communication: Information transmitted between the victim counselor in the course of their relationship and in confidence, which discloses no information to third parties except those present to further the interests of the victim. This includes information regarding the alleged sexual assault, victim's prior or subsequent sexual conduct, opinions regarding the victim's sexual conduct or reputation in sexual matters, incidences of domestic violence, children of the victim or abuser, and relationship of the victim with the abuser. Domestic Assault Victim: Any person who suffers domestic violence. Domestic Violence Counselor: A person employed by a domestic violence organization for the purpose of rendering advice or assistance to victims of domestic violence, who has received specialized training in counseling domestic violence victims, and who either has a masters degree in counseling or a related field, has one year of counseling experience, at least six months which is in counseling of domestic violence victims, has at least 40 hours of training with a qualified counselor, or is a psychotherapist.
ADDITIONAL INFORMATION	Cal. Evid. Code § 1036, 1037.6: A sexual assault victim counselor who is present when the communication is sought to be disclosed, is authorized to claim privilege. Cal. Evid. Code § 1037.8: A domestic violence counselor shall inform the domestic violence victim of any limitations on the confidentiality of communications. Cal. Evid. Code § 912: The right of a person to claim privilege of communication is waived if any holder of the privilege, without coercion, disclosed a significant part of the communication or consented to disclosure. Consent manifested by any statement or conduct of the holder of privilege, indicating consent, including failure to claim privilege.
EXCEPTIONS	The court may compel disclosure of information received by the counselor which constitutes relevant evidence of facts and circumstances of the alleged sexual assault, child abuse, or domestic violence, if the probative value outweighs the effect on the victim. The court may require the person from whom disclosure is sought or the person authorized to claim privilege, to disclose the information in chambers, to determine if the information is privileged. If the court finds there is reasonable likelihood that the information is subject to disclosure, the court shall inform the defendant of the nature of the information, and hold a hearing our of the presence of the jury in which the questing of the counselor regarding the information is allowed. The court then rules on which items may be disclosed. The court may compel disclosure if the domestic violence victim is dead or not the complaining witness in a criminal proceeding. Victim counselor is required to report instances of child abuse.
COLORADO Who May Not Testify Without Consent
PRIVILEGE RULE	A victim's advocate shall not be examined as to any communication made to the victim advocate by a victim of domestic violence or sexual assault, in person, or by written records or reports without the consent of the victim.
DEFINITIONS	Victim's Advocate: A person at a battered women's shelter or rape crisis organization, or a comparable community-based advocacy program for victims of domestic violence or sexual assault whose primary function is to render advice, counsel, or assist victims of domestic or family violence or sexual assault, and has had at least 15 hours of training as a victim's advocate, or less than 30 hours as a sexual assault victim's advocate. Includes people who supervise employees of the program, or people who work under the supervisor of the program. Does not include an advocate employed by any law enforcement agency
ADDITIONAL INFORMATION	C.R.S.A. § 13-90-107(g): A licensed psychologist, professional counselor, marriage and family therapist, or social worker shall not be examined as to any communication between them and their clients made during the course of professional employment, without the consent of the client. Nor shall anyone employed by the psychologist, professional counselor or therapist be examined without the consent of the employer. Nor shall anyone who participated in psychotherapy, including group therapy, be examined concerning any knowledge gained during the therapy, without the consent of the person to whom the testimony sought relates.
EXCEPTIONS	C.R.S.A. § 19-3-304: Victim's advocates, licensed psychologists, licensed professional counselors, marriage or family therapists, and social workers who have reasonable cause to know or suspect there has been child abuse or neglect must immediately report such information.
CONNECTICUT C.G.S.A. § 52-146k: Privileged Communication Between Battered Women's or Sexual Assault Counselor and Victim
PRIVILEGE RULE	A battered women's counselor or a sexual assault counselor shall not disclose any confidential communications made to the counselor at any time by a victim in any civil or criminal case or proceeding or in any legislative or administrative proceeding, unless the victim waives the privilege. The location of the battered women's center or rape crisis center, or identity of the battered women's counselor, shall not be disclosed under in any circumstances, in any civil or criminal proceeding.
DEFINITIONS	Battered Women's Counselor: Any person engaged in a battered women's center who has undergone a minimum of 20 hours of training, who is certified as a counselor by the battered women's center, who is under control of a direct service supervisor of a battered women's center, and whose primary purpose is rendering advice, counsel and assistance to, and the advocacy of the cause of, battered women. Sexual Assault Counselor: Any person engaged in a rape crisis center who has undergone at least 20 hours of training, is certified as a counselor by the sexual assault center, is under the control of a direct services supervisor of a rape crisis center, and whose primary purpose is to render advice, counseling and assistance to, and the advocacy of the cause of, victims of sexual assault. Confidential Communication: Information transmitted between a victim of a battery or a sexual assault and a battered women's counselor or a sexual assault counselor in the course of that relationship and in confidence, including all information received by, and any advice, report or working paper, given or made by, the counselor in the course of the relationship with the victim.
ADDITIONAL INFORMATION	CT R Rev.§5-1(l):Privileges General Rule: There is a privilege to the communications between a battered women's counselor or rape counselor and a victim. C.G.S.A. § 52-146k(f): The failure of a party to testify to privileged communication shall not result in an unfavorable inference. C.G.S.A. § 54-204(b): Extends confidentiality to information received from crime victims by the Commission on Victims Services. C.G.S.A.§ 52-146(k): Presence of third parties who are present to further the interests of the victim or who are necessary to the counseling, does not void privilege.
EXCEPTIONS	The privilege established in confidential communications between the counselor and victim shall not apply In matters of proof concerning chain of custody of evidence; In matters of proof concerning the physical appearance of the victim at the time of the injury; or Where the battered women's counselor or sexual assault counselor has knowledge that the victim has given perjured testimony and the defendant or state has made an offer of proof that perjury may have been committed. In re Robert H., 509 A.2d 475 (Conn. 1986): Identity of sexual assault counselor must be disclosed to defendants charged with sexual assault in order to allow defendants to cross examine the counselor concerning her statutory qualifications to determine whether the communications were confidential or privileged. State v. Whitaker, 202 Conn. 259 (Conn. 1987); In re Robert H., 509 A.2d 475 (Conn. 1986): A claim of privilege may be countered by a showing that there is reasonable ground to believe that the failure to produce the information is likely to impair the defendant's right of confrontation. If such a showing is made, and the consent of the witness is secured, the court may conduct an in camera review of the information. The court may also look for any inconsistent and relevant statements of the victim in the records when compared with victim's direct examination. If the court finds relevant material, the witness must choose between consenting to the release of the material or having her testimony stricken. If the court finds no relevant material, the information shall be sealed and made available for appellate review.
DELAWARE No statutory privilege law between domestic or sexual abuse advocates and victims.
DISTRICT OF COLUMBIA DC ST. §7-1201.01-1203. Mental Health Information: Definitions, Disclosures Prohibited; Exceptions
PRIVILEGE RULE	No mental health professional shall disclose or permit the disclosure of mental health information to any person, including an employer, without the voluntary written authorization of the person who has the power to authorize disclosure. No client in a group session may disclose or permit the disclosure of mental health information relating to another client in the group session, without the voluntary written authorization of the person who has the power to authorize disclosure.
DEFINITIONS	Mental Health Professional: Any of the following persons engaged in the provision of professional services including: a licensed social worker, a professional marriage, family, or child counselor, or a rape crisis or sexual abuse counselor. Rape Crisis or Sexual Abuse Counselor: Person who has undergone at least 40 hours of training and is under the supervision of a licensed social worker, nurse, psychiatrist, psychologist, or psychotherapist. Mental Health Information: Any written, recorded or oral information acquired by a mental health professional in attending a client in a professional capacity which indicates the identity of a client and relates to the diagnosis or treatment of a client's mental or emotional condition.
ADDITIONAL INFORMATION	Personal Notes: If a mental health professional makes notes regarding a client, access to such personal notes shall be strictly and absolutely limited to the mental health professional and shall not be disclosed, unless the information in the notes is needed in litigation brought by the client against the mental health professional.
EXCEPTIONS	Mental health information may be disclosed to other individuals employed at the individual mental health facility and to participating providers when and to the extent necessary to facilitate the delivery of professional services to the client. Mental health information may be disclosed on an emergency basis if the mental health professional reasonably believes that such disclosure is necessary to initiate or seek emergency hospitalization of the client, or to otherwise protect the client or other person from a substantial risk of imminent and serious physical injury.
FLORIDA FL St. §90.5035: Sexual Assault Counselor-Victim Privilege FL St. §90.5036: Domestic Violence Advocate-Victim Privilege
PRIVILEGE RULE	Sexual Assault Counselor-Victim Privilege: A victim has a privilege to refuse to disclose, and to prevent any other person from disclosing a confidential communication made by the victim to a sexual assault counselor or trained volunteer, or any record made in the course of advising, counseling or assisting the victim, without prior written consent of the victim. Domestic Violence Advocate-Victim Privilege: A victim has privilege to refuse to disclose, and to prevent any other person from disclosing a confidential communication made by the victim to a domestic violence advocate, or any record made in the course of advising, counseling or assisting the victim, only if the advocate is registered under s.39.905 at the time the communication is made.
DEFINITIONS	Sexual Assault Counselor: Any employee of a rape crisis center whose primary purpose is the rendering of advice, counseling, or assistance to victims of sexual assault or sexual battery. Domestic Violence Advocate: Any employee or volunteer who has 30 hours of training in assisting victims of domestic violence and is an employee or volunteer for a program for victims of domestic violence whose primary purpose is the rendering of advice, counseling, or assistance to victims of domestic violence. Victim: A person who consults a domestic violence advocate or sexual assault counselor for the purpose of securing advice, counseling or assistance concerning a mental, physical or emotional condition caused by an act of domestic violence, an attempted act of domestic violence, sexual assault or sexual battery, an alleged sexual assault or sexual battery, or an attempted sexual assault or sexual battery. Confidential Communication with Sexual Assault Counselor: Communication between a victim and a sexual assault counselor that is not intended to be disclosed to third persons other than those present to further the interest of the victim, those necessary for the transmission of the communication, and those persons to whom disclosure is reasonably necessary to accomplish the purpose for which the counselor is consulted. Confidential Communication with Domestic Violence Advocate: Communication between a victim and a domestic violence advocate that relates to the incidence of domestic violence for which the victim is seeking assistance and if it is not intended to be disclosed to third persons other than those present to further the interest if the victim, and those persons to whom disclosure is reasonably necessary to accomplish the purpose for which the advocate is consulted.
ADDITIONAL INFORMATION	Privilege may be claimed by the victim or victim's attorney on behalf of the victim, a guardian or conservator of the victim, the personal representative of a deceased victim, the domestic violence advocate on behalf of the victim, or the sexual assault counselor or trained volunteer on behalf of the victim. State v. Famiglietti, 817 So.2d 915 (2001): Defendant, charged with attempted murder and kidnapping, not entitled to have judge perform in camera review of psychiatric records of alleged victim, protected by sexual assault counselor-victim privilege, on conclusory grounds that information contained in records was potentially either exculpatory, went to question of victim's credibility, or was necessary for preparation of defense
EXCEPTIONS	State v Famiglietti, 817 So.2d 915 (2001); Gerheiser v Stephens, 712 So.2d 1252 (1998): To obtain an in camera review of confidential communications between a sexual assault counselor and victim, a defendant must first establish with reasonable probability that the privileged matters contain material information necessary to his defense. No statutory exceptions
GEORGIA No statutory privilege law between domestic or sexual abuse advocates and victims.
HAWAII Hawaii R. Evid. §505.5 Victim Counselor Privilege
PRIVILEGE RULE	A victim has a privilege to refuse to disclose and to prevent any other person from disclosing confidential communications made to a victim counselor for the purpose of counseling or treatment of the victim for the emotional or psychological effects of sexual assault, domestic violence, or child abuse or neglect. A victim has privilege to refuse to provide evidence that would identify the name, location, or telephone number of a safe house, abuse shelter, or other facility that provided temporary emergency shelter to the victim.
DEFINITIONS	Confidential Communication: Communication not intended to be disclosed to third persons other than those to whom disclosure would be in furtherance of the provision of counseling or treatment services to the victim, or those reasonably necessary for the transmission of the communication. Victim: A person who consults a victim counselor for assistance in overcoming any adverse emotional or psychological effect of sexual assault, domestic violence, or child abuse. Sexual Assault Victim Counselor: A person who is employed by or is a volunteer in a sexual assault crisis center, has undergone a minimum of thirty-five hours of training and who is, or who reports to and is under the direct control and supervision of, a social worker, nurse, psychiatrist, psychologist, or psychotherapist, and whose primary function is the rendering of advice, counseling or assistance to victims of sexual assault. Domestic Violence Victim's Counselor: A person who is employed by or is a volunteer in a domestic violence victims' program, has undergone a minimum of twenty-five hours of training and who is, or who reports to and is under the direct control and supervision of, a direct service supervisor of a domestic violence victims' program, and whose primary function is the rendering of advice, counseling, or assistance to victims of abuse.
ADDITIONAL INFORMATION	Who May Claim the Privilege: Victim; victim's guardian or conservator; personal representative of deceased victim; victim counselor at time of communication, but only on behalf on the victim. Waiver: If the holder of the privilege voluntarily discloses or consents to the disclosure of any significant part of the privileged matter, the privilege is waived. Hawaii R. Evid. § 511
EXCEPTIONS	Interference with Constitutional Right: There is no privilege if it would interfere with the defendant's right to cross-examine, upon showing by defendant that victim's privilege must bow to defendant's constitutional right, State v Peseti, 65 P.3d 196 (2003). Perjured Testimony: There is no privilege if the victim counselor reasonably believes that the victim has given perjured testimony and a party to the proceeding has made an offer of proof that perjury may have been committed. Physical Appearance: There is no privilege concerning the physical appearance of the victim at the time of the alleged crime. Breach of Duty: There is no privilege as to communication relevant to an issue of breach of duty by the counselor or victim counseling program. Mandatory Reporting: Victim counselors have a duty to report child abuse or neglect, domestic abuse, or dependant adult. Proceedings for Hospitalization: There is no privilege to communications used in proceedings to hospitalize the victim or for discharge or release from hospitalization. Examination by Order of Court: Communications made in the course of court ordered examinations are not privileged with respect to the purpose of the examination. Condition as an Element of Claim or Defense: There is no privilege to communication relevant to a physical, mental or emotional condition of the victim in any proceeding in which the victim relies on the condition as a defense. Proceedings Against the Victim Counselor: There is no privilege in any proceeding in which the competency or practice of the victim counselor or counseling program is at issue.
IDAHO No statutory privilege law between domestic or sexual abuse advocates and victims.
ILLINOIS 735 ICSA 5/8-802.1: Confidentiality of Statements Made to Rape Crisis Personnel 735 ICSA 5/8-802.2: Confidentiality of Statements made to Personnel Counseling Victims of Violent Crimes
PRIVILEGE RULE	Victims of violent crimes and rape have privilege against public disclosure of statements they make in confidence to counselors of organizations established to help them. No rape crisis counselors or counselors of victims of violent crimes shall disclose any confidential communication without the written consent of the victim.
DEFINITIONS	Confidential Communication with Rape Crisis Personnel: Any communication between a victim and a rape crisis counselor in the course of providing information, counseling or advocacy. It includes all records kept by the counselor or organization in the course of providing services to an alleged victim. Rape Crisis Counselor: A person who is a psychologist, social worker, employee or volunteer in any organization or association defined as a rape crisis organization, who has undergone 40 hours of training and is under control of a direct services supervisor of a rape crisis organization. Violent Crimes: Includes, but is not limited to, any felony in which force or threat of force was used against the victim, or any misdemeanor which results in death or great bodily harm to the victim. Domestic Violence Advocate/Counselor: Any person who has undergone at least 40 hours of training in domestic violence advocacy, crisis intervention and related areas, and who provides services to victims through a domestic violence program. 750 ILCS 60/227 Confidential Communication with Domestic Violence Advocate: Any communication between an alleged victim of domestic violence and a domestic violence advocate or counselor in the course of providing information, counseling, or advocacy, including records. 750 ILCS 60/227
ADDITIONAL INFORMATION	Waiver: Privilege is not waived by the presence of a third person who expresses the interest of the victim, or is reasonably necessary to accomplish the purpose for which the counselor is consulted. If a victim is deceased, the victim's guardian or executor or administrator of the victim's estate may waive the privilege if they do not have an interest adverse to the victim. 735 ICSA 5/8-802.1: Privilege of confidentiality of statements to rape crisis personnel not waived by group counseling or by inspection of documents. People v Foggy, 121 Ill.2d 337 (1988): In camera hearing of statements to rape crisis counselor is not allowed and does not violate defendant's due process rights or right to confrontation. Illinois Domestic Violence Act, 750 ILCS 60/227-227.1: No domestic violence advocate or counselor shall disclose any confidential communication or be examined as a witness in any civil or criminal case or proceeding or in any legislative or administrative proceeding without the written consent of the domestic violence victim. No court or administrative or legislative body shall compel any person or domestic violence program to disclose the location of any domestic violence program or the identity of any domestic violence advocate or counselor in any civil or criminal case or proceeding or in any administrative or legislative proceeding
EXCEPTIONS	In Camera Review of Statements made to Violent Crime Counselor: The court may hold an in camera hearing on the relevance of statements that a party alleges are necessary to the determination of any issue. 750 ILCS 60/227.1: A court may compel in camera disclosure of the location of a domestic violence program or the identity of a domestic violence advocate or counselor if the court finds, following a hearing, that there is clear and convincing evidence that failure to disclose would be likely to result in an imminent risk of serious bodily harm or death to a domestic violence victim or another person A rape crisis counselor may disclose a confidential communication without the consent of the victim if failure to disclose is likely to result in a clear, imminent risk of serious physical injury or death of the victim or another person. 750 ILCS 60/227: A domestic violence advocate shall disclose any confidential communications in accordance with the Abused and Neglected Child Reporting Act.
INDIANA IN St. 35-37-6-1 to 6-11 Privileged Communications and Victim Counseling
PRIVILEGE RULE	A victim, victim counselor, or child without parental or guardian consent, may not be compelled to give testimony or produce records concerning confidential communications in any judicial, legislative, or administrative proceeding. A victim counselor or a victim may not be compelled to provide testimony in any judicial, legislative, or administrative proceeding that would identify the name, address, location, or telephone number of any facility that provided temporary emergency shelter to the victim of the offense or transaction that is the subject of the proceeding unless the facility is a party to the proceeding
DEFINITIONS	Confidential Communication: Any information exchanged between a victim and a victim counselor in private or in the presence of a third party who is necessary to facilitate communication or further the counseling process disclosed in the course of the counselor's treatment of the victim for any emotional or psychological condition resulting from a covered act. Victim: An individual against whom a covered act is committed. Victim Counselor: An individual who is an employee or supervised volunteer of a victim counseling center and provides treatment to a victim for an emotional or psychological condition incurred by the victim as a result of a covered act. Covered Act: A sex crime, neglect of a dependent, incest, and a battery against a child, disabled person, endangered adult, or spouse.
ADDITIONAL INFORMATION	Waiver: A victim does not waive the protections afforded by this chapter by testifying in court about an offense. A victim counselor may not waive the protections afforded to a victim under this chapter.
EXCEPTIONS	A victim counselor has a duty to report suspected abuse, neglect, battery, or exploitation. If the victim partially discloses the contents of a confidential communication in the course of testifying, either party may request the court to rule that the protections be waived, to the extent they apply to that portion of the communication. The victim counselor may testify or produce records regarding confidential communications with the victim if a victim brings suit against a victim counselor or victim counseling center 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.
IOWA I.C.A. § 915.20A Victim Counselor Privilege
PRIVILEGE RULE	A victim counselor shall not be examined or required to give evidence in any civil or criminal proceeding as to any confidential communication made by a victim to the counselor. Under no circumstances shall the location of a crime victim center or the identity of the victim counselor be disclosed in any civil or criminal proceeding No person shall disclose privileged information without victim's consent.
DEFINITIONS	Confidential Communication: information shared between a crime victim and a victim counselor within the counseling relationship, and includes all information received by the counselor and any advice, report, or working paper given to or prepared by the counselor in the course of the counseling relationship with the victim. Victim: A person who consults a victim counselor for the purpose of securing advice, counseling, or assistance concerning a mental, physical, or emotional condition caused by a violent crime committed against the person Victim Counselor: A person who is engaged in a crime victim center, is certified as a counselor by the crime victim center, and is under the control of a direct services supervisor of a crime victim center, whose primary purpose is the rendering of advice, counseling, and assistance to the victims of crime, who has completed at least 20 hours of training.
ADDITIONAL INFORMATION	Privilege is not waived by third parties who are present in the consultation to further the interest of the victim, are necessary for the transmission of the information, or who are necessary for the accomplishment of the purpose for which the counselor is consulted by the victim. If the victim is deceased or incompetent, privilege may be waived by victim's guardian or personal representative of the victim's estate. A negative inference cannot be drawn from a counselor's failure to testify. Identity of crime victim at crime victim center is confidential communication and can only be disclosed with consent of victim or upon court order, Op. Atty. Gen. Schultz (1992).
EXCEPTIONS	Privilege does not apply in matters of proof concerning the chain of custody of evidence, in matters of proof concerning the physical appearance of the victim at the time of the injury or the counselor's first contact with the victim after the injury, or where the counselor has reason to believe that the victim has given perjured testimony and the defendant or the state has made an offer of proof that perjury may have been committed. A court may compel disclosure upon motion of a party accompanied by a written offer of proof if: The information sought is relevant and material evidence of the facts and circumstances involved in an alleged criminal act which is the subject of a criminal proceeding. The probative value of the information outweighs the harmful effect, if any, of disclosure on the victim, the counseling relationship, and the treatment services. The information cannot be obtained by reasonable means from any other source. If information may be subject to disclosure, the parties may examine the counselor in camera. The court may require the counselor from whom disclosure is sought or the victim claiming the privilege, or both, to disclose the information in chambers out of the presence and hearing of all persons except the victim and any other persons the victim is willing to have present.
KANSAS No statutory privilege law between domestic or sexual abuse advocates and victims. But, there is privilege to confidential communications with a licensed professional counselor and their client under KS St. §65-5810.
KENTUCKY Kentucky Rule of Evidence 506 Counselor-Client Privilege
PRIVILEGE RULE	A client has a privilege to refuse to disclose and to prevent any other person from disclosing confidential communications made for the purpose of counseling the client, between himself, his counselor, and persons present at the direction of the counselor, including members of the client's family.
DEFINITIONS	Counselor: Includes a sexual assault counselor, a licensed professional counselor, or a victim advocate. Sexual Assault Counselor: A person engaged in a rape crisis center who has undergone 40 hours of training and is under the control of a direct services supervisor of a rape crisis center, and whose primary purpose is the rendering of advice, counseling, or assistance to victims of sexual assault. Victim Advocate: An individual who is employed by, or serves as a volunteer for, a public or private agency, organization or official to counsel and assist crime victims.
ADDITIONAL INFORMATION	Privilege may be Claimed by: The client The client's guardian or conservator The personal representative of a deceased client The person who was the counselor, but only on behalf of the client
EXCEPTIONS	There is no privilege if the client is asserting his physical, mental, or emotional condition as an element of a claim or defense; or, after the client's death, in any proceeding in which any party relies upon the condition as an element of a claim or defense. In Camera Review: There is no privilege if the judge finds in camera that: That the substance of the communication is relevant to an essential issue in the case; That there are no available alternate means to obtain the substantial equivalent of the communication; and That the need for the information outweighs the interest protected by the privilege.
LOUISIANA Louisiana Code of Evidence Art. 510: Health Care Provider-Patient Privilege LSA-R.S. 46-2124.1: Family Violence Shelters: Privileged Communications and Records
PRIVILEGE RULE	Communication with Health Care Provider: In a non-criminal proceedings, a patient has a privilege to refuse to disclose and to prevent another person from disclosing a confidential communication made for the purpose of advice, diagnosis or treatment of his health condition between or among himself or his representative, his health care provider, or their representatives Communication in Family Violence Shelter: No person shall be required to disclose, by way of testimony or otherwise, a privileged communication or to produce, under subpoena, any records, documentary evidence, opinions, or decisions relating to such privileged communication in a family violence shelter.
DEFINITIONS	Health Care Provider: Includes a person who is engaged in any office, center, or institution referred to as a rape crisis center, who has undergone at least forty hours of sexual assault training and who is engaged in rendering advice, counseling, or assistance to victims of sexual assault. Confidential Communication with Health Care Provider: The transmittal or acquisition of information not intended to be disclosed to persons other than a health care provider and a representative of a health care provider, those reasonably necessary for the transmission of the communication, those who are present at the behest of the patient, physician, or psychotherapist and are reasonably necessary to facilitate the communication. Includes any information, substance, or tangible object, obtained incidental to the communication process and any opinion formed as a result of the consultation, examination, or interview and also includes medical and hospital records made by health care providers and their representatives. Privilege Communication in Family Violence Centers: communication made to a representative or employee of a community shelter by a victim or communication not otherwise privileged made by a representative or employee of a community shelter to a victim in the course of rendering services. Victim: victim or potential victim of an act of family or domestic violence and his or her children
ADDITIONAL INFORMATION	Who May Claim Privilege: Privilege may be claimed by the patient or by his legal representative. The person who was the health care provider or their representatives, at the time of the communication is presumed to have authority to claim the privilege on behalf of the patient or deceased patient. LSA-RS 13:3734: Privileged Communication Between Health Care Provider and Patient: In non-criminal proceedings, testimonial privileges, exceptions, and waiver with respect to communications between a health care provider and his patient are governed by the Louisiana Code of Evidence.
EXCEPTIONS	No Privilege of Communication with Health Care Provider When: Communication relates to the health condition of a patient who brings or asserts a personal injury claim in a judicial or worker's compensation proceeding; Communication relates to the health condition of a deceased patient in a wrongful death, survivorship, or worker's compensation proceeding brought or asserted as a consequence of the death or injury of the deceased patient; Communication is relevant to an issue of the health condition of the patient in any proceeding in which the patient is a party and relies upon the condition as an element of his claim or defense; Communication relates to the health condition of a patient when the patient is a party to a proceeding for custody or visitation of a child and the condition has a substantial bearing on the fitness of the person claiming custody or visitation, or when the patient is a child who is the subject of a custody or visitation proceeding; Communication made to the health care provider was intended to assist the patient or another person to commit or plan to commit what the patient knew or reasonably should have known to be a crime or fraud; Communication is made in the course of an examination ordered by the court with respect to the health condition of a patient; Communication is made by a patient who is the subject of an interdiction or commitment proceeding to his current health care provider when such patient has failed or refused to submit to an examination by a health care provider appointed by the court; Communication is relevant in proceedings held by peer review committees and other disciplinary bodies to determine whether a particular health care provider has deviated from applicable professional standards; Disclosure of the communication is necessary for the defense of the health care provider in a malpractice action brought by the patient; Communication is relevant to proceedings concerning issues of child abuse, elder abuse, or the abuse of disabled or incompetent persons; Communication is relevant in an action contesting any testament executed or claimed to have been executed by the patient now deceased. No Privilege of Communication in Family Violence Shelter When: The prosecuting attorney or any person who is a party in a civil proceeding or who has been arrested or charged with a criminal offense may petition the court for an in-camera inspection of the records of a privileged communication concerning such person.
MAINE 16 MRSA § 53 A: Privileged Communications to Sexual Assault Counselors 16 MRSA §53 B: Privileged Communications to Victim Advocate; Family Violence 16 MRSA § 53 C: Privileged Communications to Governmental Victim Witness Advocates or Coordinators
PRIVILEGE RULE	No sexual assault counselor may be required to testify in any civil or criminal action, suit or proceeding at law or in equity about any information which he may have acquired in providing sexual assault counseling services, without the consent of the sexual assault victim. A sexual assault counselor or a rape crisis center may not be required to disclose to the court any records, notes, memoranda or documents containing confidential communications. A victim may refuse to disclose and may deny permission to an advocate to disclose confidential written or oral communications between the victim and the advocate and written records, notes, memoranda or reports concerning the victim. A victim, advocate or advocate's agency may not be required through oral or written testimony or through production of documents to disclose to a court in criminal or civil proceedings or to any other agency or person confidential communications between the victim and the advocate. A person may not be required to publicly disclose the address or location of a domestic or family violence shelter or safe house.
DEFINITIONS	Sexual Assault Counselor: A person who has undergone a program of training from a rape crisis center which includes law, medicine, societal attitudes, crisis intervention, counseling techniques and referral services and is either a staff member, paid or unpaid, or under the supervision of a staff member of a rape crisis center. Victim Advocate: An employee of or volunteer for a nongovernmental program for victims of domestic or family violence who has undergone at least 30 hours of training and as a primary function with the program gives advice to, counsels or assists victims, supervises employees or volunteers who perform that function or administers the program. Confidential Communication with Victim Advocate: all information, whether written or oral, transmitted between a victim and a domestic violence advocate in the course of the working relationship. Includes information received or given by the advocate in the course of the working relationship, advice, records, reports, notes, memoranda, working papers, electronic communications, case files, history and statistical data, including name, date of birth and social security number, that personally identify the victim. Victim Witness Advocate: An employee of or volunteer for a district attorney, the Attorney General or the United States Attorney whose primary job function is to advise, counsel or assist victims or witnesses of crimes, to supervise other employees or volunteers who perform that function or to administer the program.
EXCEPTIONS	If a court, in the exercise of sound discretion, deems the disclosure necessary to the proper administration of justice, no information communicated to, or otherwise learned by, that sexual assault counselor in connection with the provision of sexual assault counseling services may be privileged. There is no privilege with regard to reporting, cooperating in an investigation, or giving evidence pursuant to the Child and Family Services and Child Protection Act. There is no privilege of communication with victim advocates and governmental victim witness advocates when A court in the exercise of its discretion determines the disclosure of the information necessary to the proper administration of justice, an inspection of records may be held in camera by the judge to determine whether those records contain relevant information, or When a victim dies or is incapable of giving consent and disclosure is required for an official law enforcement investigation or criminal proceeding regarding the cause of that victim's death or incapacitation. Disclose of communication with governmental victim witness advocates may be made to the district attorney, Attorney General, or the U.S. Attorney, or their assistants. Communication with governmental victim witness advocates is not privileged if there is evidence of an exculpatory nature.
MARYLAND No statutory privilege law between domestic or sexual abuse advocates and victims. But, privilege to confidential communication between professional counselor and clients under MD Cts. & Jud. Pro § 9-901.1.
MASSACHUSETTS M.G.L.A. 233 § 20J: Sexual Assault; Confidential Communications with Sexual Assault Counselor M.G.L.A. 233 § 20K: Domestic Violence Victims' Counselors; Confidential Communications
PRIVILEGE RULE	A sexual assault counselor or domestic violence victims' counselor shall not disclose such confidential communication, without the prior written consent of the victim.
DEFINITIONS	Sexual Assault Counselor: a person who is employed by or is a volunteer in a rape crisis center, has undergone thirty-five hours of training, who reports to and is under the direct control and supervision of a licensed social worker, nurse, psychiatrist, psychologist or psychotherapist and whose primary purpose is the rendering of advice, counseling or assistance to victims of sexual assault. Domestic Violence Victims' Counselor: A person who is employed or volunteers in a domestic violence victims' program, who has undergone a minimum of twenty-five hours of training and who reports to and is under the direct control and supervision of a direct service supervisor of a domestic violence victims' program, and whose primary purpose is the rendering of advice, counseling or assistance to victims of abuse. Confidential Communication: Information transmitted in confidence by and between a victim and a domestic violence victims' counselor or sexual assault counselor by a means which does not disclose the information to a person other than a person present for the benefit of the victim, or to those to whom disclosure of such information is reasonably necessary to the counseling and assisting of such victim. Includes all information received by the counselor which arises out of and in the course of such counseling and assisting, including, but not limited to, reports, records, working papers, or memoranda.
ADDITIONAL INFORMATION	Cross Examination: nothing in this chapter shall be construed to limit the defendant's right of cross-examination of a sexual assault counselor in a civil or criminal proceeding if such counselor testifies with such written consent. M.G.L.A. 233 § 20L: The location and street address of all domestic violence victims' programs and rape crisis centers shall be absolutely confidential and shall not be required to be revealed in any criminal or civil proceeding.
EXCEPTIONS	In Camera Review: In criminal actions such confidential communication with domestic violence victims' counselor shall be subject to discovery and shall be admissible as evidence but only to the extent of information contained therein which is exculpatory in relation to the defendant. The court shall first examine the communication in camera. Trial judge should undertake in camera review of privileged records only when defendant's motion for production of the records has demonstrated good faith, specific, and reasonable basis for believing that the records will contain exculpatory evidence which is relevant and "material" to the issue of defendant's guilt and "material evidence" means evidence which is not only likely to meet criteria of admissibility, but which also tends to create reasonable doubt that might not otherwise exist. Com. v. Fuller, 667 N.E.2d 847 (1996); Com. v. Tripolone, 681 N.E.2d 1216 (1997). Hotline: Portion of records of rape crisis counseling center setting forth time, date, and fact of communication between rape complainant and rape counselor on center's "hotline" was not protected by sexual assault counselor privilege. Com. v. Neumyer, 731 N.E.2d 1053 (Mass. App. 1999). Due Process/Fair Trial: Constitutional principles of due process and fair trial required that rape defendant be afforded right of access to record of telephone conversation between complainant and rape crisis counselor, where complainant's discussion with counselor affected her concept of whether she had been raped, pursuant to that discussion complainant reported rape to police, and confluence of other factors at least suggested possibility of false allegation. Com. v. Neumyer, 731 N.E.2d 1053 (Mass. App. 1999).
MICHIGAN M.C.L.A. 600.2157a Evidence Definitions
PRIVILEGE RULE	Confidential communication, or any report, working paper, or statement contained in a report or working paper, given or made in connection with a consultation between a victim and a sexual assault or domestic violence counselor, shall not be admissible as evidence in any civil or criminal proceeding without the prior written consent of the victim.
DEFINITIONS	Confidential Communications: Information transmitted between a victim and a sexual assault or domestic violence counselor, or between a victim or sexual assault or domestic violence counselor and any other person to whom disclosure is reasonably necessary to further the interests of the victim, in connection with the rendering of advice, counseling, or other assistance by the sexual assault or domestic violence counselor to the victim. Sexual Assault or Domestic Violence Counselor: A person who is employed at or who volunteers service at a sexual assault or domestic violence crisis center, and who in that capacity provides advice, counseling, or other assistance to victims of sexual assault or domestic violence and their families.
ADDITIONAL INFORMATION	People v. Stanaway, 521 N.W.2d 557 (Mich. 1994): To obtain in camera inspection of privileged records of psychologist, sexual assault counselor, social worker, or juvenile diversion officer, defendant must make showing of good faith belief, grounded on some demonstrable fact, that there is reasonable probability that records are likely to contain material information necessary to defense. Trial court need not conduct inquiry regarding how important absolute privilege in question is to particular privilege holder involved.
EXCEPTIONS	There is no privilege with regard to reporting child abuse or neglect. People v. Stanaway, 521 N.W.2d 557 (Mich. 1994): Where defendant can establish reasonable probability that privileged records of psychologist, sexual assault counselor, social worker, or juvenile diversion officer are likely to contain material information necessary to defense, in camera review of those records must be conducted to ascertain whether they contain evidence that is reasonably necessary and thus essential to defense; if such evidence is found, it should be provided to defendant. The domestic violence counselor-victim privilege created by P.A.1987, No. 330 does not prohibit a crisis center counselor from disclosing to law enforcement authorities the whereabouts of an alleged domestic violence victim
MINNESOTA M.S.A. §595.02(k): Testimony of Witnesses
PRIVILEGE RULE	Sexual assault counselors may not be compelled to testify about any opinion or information received from or about the victim without the consent of the victim.
DEFINITIONS	Sexual Assault Counselor: a person who has undergone at least 40 hours of crisis counseling training and works under the direction of a supervisor in a crisis center, whose primary purpose is to render advice, counseling, or assistance to victims of sexual assault.
EXCEPTIONS	A counselor may be compelled to identify or disclose information in investigations or proceedings related to neglect or termination of parental rights if the court determines good cause exists. In determining whether to compel disclosure, the court shall weigh the public interest and need for disclosure against the effect on the victim, the treatment relationship, and the treatment services if disclosure occurs. Mandatory reporting obligation concerning child abuse and neglect.
MISSISSIPPI No statutory privilege law between domestic or sexual abuse advocates and victims. But, there is privilege with communication to licensed professional counselors, Miss. Code Ann. § 73-30-17.
MISSOURI MO St. §455.220: Requirements for shelters for victims of domestic violence
PRIVILEGE RULE	To qualify for funding, any person employed by or volunteering services to a shelter for victims of domestic violence shall be incompetent to testify concerning any confidential information, unless the confidentiality requirement is waived in writing by the individual served by the shelter. Includes information that would identify individuals served by the shelter and any information or records that are directly related to the advocacy services provided to such individuals.
DEFINITIONS	Shelter for Victims of Domestic Violence: facility established for the purpose of providing temporary residential service or facilities to family or household members who are victims of domestic violence.
ADDITIONAL INFORMATION	Prior to providing any advocacy services, victims served by the shelter must be informed of the nature and scope of the confidentiality requirement.
EXCEPTIONS	No exceptions.
MONTANA MT St. § 26-1-812: Advocate Privilege
PRIVILEGE RULE	An advocate may not, without consent of the victim, be examined as to any communication made to the advocate by a victim and may not divulge records kept during the course of providing shelter, counseling, or crisis intervention services.
DEFINITIONS	Advocate: An employee or volunteer of a domestic violence shelter, crisis line, or victim's services provider that provides services for victims of sexual assault, stalking, or any assault on a partner or family member. Victim: A person seeking assistance because of partner or family member assault, any sexual assault, or stalking, whether or not the victim seeks or receives services within the criminal justice system.
ADDITIONAL INFORMATION	Privilege belongs to the victim and may not be waived, except by express consent. Consent may not be implied because the victim is a party to a divorce or custody proceeding. The privilege continues even if the victim is unreachable. The privilege terminates upon the death of the victim.
EXCEPTIONS	There is no privilege if other law requires disclosure.
NEBRASKA No statutory privilege law between domestic or sexual abuse advocates and victims. But, there is professional counselor client privilege under NE St. §27-504.
NEVADA NV St. §49.2547: Victim's Advocate and Victim; General Rule of Privilege
PRIVILEGE RULE	A victim who seeks advice, counseling or assistance from a victim's advocate has a privilege to refuse to disclose, and to prevent any other person from disclosing, confidential communications.
DEFINITIONS	Confidential Communications: Includes, without limitation, all records concerning the victim and the services provided to the victim which are within the possession of the victim's advocate or the non-profit program for whom the victim's advocate works.
ADDITIONAL INFORMATION	Privilege is not voided if communication is disclosed to third persons who are present to further the interest of the victim, a person reasonably necessary for the transmission of the communication, or a person who is participating in the advice, counseling or assistance of the victim, including a member of the victim's family.
EXCEPTIONS	There is no privilege if: The purpose of the victim in seeking services from a victim's advocate is to enable or aid any person to commit or plan to commit what the victim knows or reasonably should have known is a crime or fraud; The communication concerns a report of abuse or neglect of a child or older person, but only as to that portion of the communication; The communication is relevant to an issue of breach of duty by the victim's advocate to the victim or by the victim to the victim's advocate; or Disclosure of the communication is otherwise required by law.
NEW HAMPSHIRE NH St. § 173 - C: Confidential Communications Between Victims and Counselors
PRIVILEGE RULE	A victim has the privilege to refuse to disclose and to prevent any other person from disclosing a confidential communication made by the victim to a sexual assault counselor or a domestic violence counselor, including any record made in the course of support, counseling, or assistance of the victim. Any confidential communication or record may be disclosed only with the prior written consent of the victim.
DEFINITIONS	Confidential Communication: Information transmitted between a victim, as defined in paragraph VI, of an alleged sexual assault, alleged domestic abuse, alleged sexual harassment, or alleged stalking, and a sexual assault or domestic violence counselor in the course of that relationship and in confidence by means which, so far as the victim is aware, does not disclose the information to a third person. Includes all information received by the sexual assault or domestic violence counselor in the course of that relationship. Domestic Violence Counselor: Any person who is employed or appointed or who volunteers in a domestic violence center who renders support, counseling, or assistance to victims of domestic abuse or attempted domestic abuse, who has satisfactorily completed 30 hours of training in a bona fide program. Sexual Assault Counselor: Any person who is employed or appointed or who volunteers in a rape crisis center who renders support, counseling, or assistance to victims of sexual assault or attempted sexual assault, who has satisfactorily completed 30 hours of training in a bona fide program.
ADDITIONAL INFORMATION	Third Persons: The presence of an interpreter for the hearing impaired, a foreign language interpreter, or any other interpreter necessary for that communication to take place shall not affect the confidentiality of the communication nor shall it be deemed a waiver of the privilege. Privilege terminates upon the death of the victim Privilege and confidentiality extends to: A third person present to assist communication with the victim A third person present to assist a victim who is physically challenged Co-participants in support group counseling of the victim. Waiver: The privilege may be claimed or waived in all civil, administrative, and criminal legal proceedings, including discovery proceedings by the victim, an attorney on behalf of the victim, the guardian of the victim, a minor victim who is emancipated, married, or over the age of 15. Partial Waiver: Waiver as to a specific portion of communication between the victim and the counselor shall not constitute a waiver of the privilege as to other portions of the confidential communication between victim and counselor. The location and the street address of a rape crisis center or domestic violence center are absolutely privileged. A negative inference may not be drawn from the claim of privilege. The victim shall have a right to interlocutory appeal to the Supreme Court from any decision by a court to require the disclosure of records or testimony of a rape crisis or domestic violence center or sexual assault or domestic violence counselor.
EXCEPTIONS	There is no privilege when the sexual assault counselor or the domestic violence counselor has knowledge that the victim has given perjured testimony and when the defendant has made an offer of proof that there is probable cause to believe that perjury has been committed Counselors have a duty to report child abuse. In Camera Review: A written pretrial motion for disclosure shall be made by the defendant to the court stating that the defendant seeks discovery of records of a rape crisis center or domestic violence center or testimony of a sexual assault counselor or domestic violence counselor. The only information subject to discovery are those statements of the victim which relate to the alleged crime being prosecuted in the instant trial. Burden of proof shall be upon the defendant to establish by a preponderance of the evidence that the probative value of the information, in the context of the particular case, outweighs its prejudicial effect on the victim's emotional or physical recovery, privacy, or relationship with the counselor, the information sought is unavailable from any other source, there is a substantial probability that the failure to disclose that information will interfere with the defendant's right to confront the witnesses against him and his right to a fair trial. The trial court shall review each motion for disclosure of information on a case by case basis and determine on the totality of the circumstances that the information sought is or is not subject to the privilege.
NEW JERSEY NJ St. 2A:84A-22.14-15: Victim Counselor's Privilege
PRIVILEGE RULE	A victim counselor has a privilege not to be examined as a witness in any civil or criminal proceeding with regard to any confidential communication. The victim counselor shall claim the privilege unless victim gives prior written consent. A victim counselor or a victim cannot be compelled to provide testimony in any civil or criminal proceeding that would identify the name, address, location, or telephone number of a domestic violence shelter or any other facility that provided temporary emergency shelter to the victim of the offense or transaction that is the subject of the proceeding unless the facility is a party to the proceeding
DEFINITIONS	Confidential Communication: Any information exchanged between a victim and a victim counselor in private or in the presence of a third party who is necessary to facilitate communication or further the counseling process and which is disclosed in the course of the counselor's treatment of the victim for any emotional or psychological condition resulting from an act of violence. It includes any advice, report or working paper given or made in the course of the consultation and all information received by the victim counselor in the course of that relationship. Victim Counselor: a person engaged in any office, institution or center defined as a victim counseling center by this act, who has undergone 40 hours of training and is under the control of a direct services supervisor of the center and who has a primary function of rendering advice, counseling or assisting victims of acts of violence. Includes a rape care advocate. Victim: A person who consults a counselor for the purpose of securing advice, counseling or assistance concerning a mental, physical or emotional condition caused by an act of violence.
PENDING INFORMATION (January 2006)	Confidential communication' means any information given or made during the course of an interview of the victim conducted by an investigative or law enforcement officer in the presence of a victim counselor.
ADDITIONAL INFORMATION	Waiver: A person waives his right or privilege to refuse to disclose or to prevent another from disclosing a specified matter if he or any other person while the holder thereof has contracted with anyone not to claim the right or privilege or, without coercion and with knowledge of his right or privilege, made disclosure of any part of the privileged matter or consented to such a disclosure made by anyone. N.J.S.A. 2A:84A-29.
EXCEPTIONS	There is no privilege where the disclosure of the statements or information is required by the New Jersey or United States Constitutions.
NEW MEXICO NM St. § 31-25: Victim Counselor Confidentiality Act
PRIVILEGE RULE	A victim, a victim counselor shall not be compelled to provide testimony or to produce records concerning confidential communications for any purpose in any criminal action or other judicial, legislative or administrative proceeding, without consent. A victim counselor or a victim shall not be compelled to provide testimony in any civil or criminal proceeding that would identify the name, address, location or telephone number of a safe house, abuse shelter or other facility that provided temporary emergency shelter to the victim of the offense or occurrence that is the subject of a judicial, legislative or administrative proceeding unless the facility is a party to the proceeding
DEFINITIONS	Confidential Communication: any information exchanged between a victim and a victim counselor in private or in the presence of a third party who is necessary to facilitate communication or further the counseling process and which is disclosed in the course of the counselor's treatment of the victim for any emotional or psychological condition resulting from a sexual assault or family violence. Victim: a person who consults a victim counselor for assistance in overcoming adverse emotional or psychological effects of a sexual assault or family violence. Victim Counselor: Any employee or supervised volunteer of a victim counseling center or other agency, business or organization that provides counseling to victims who is not affiliated with a law enforcement agency or the office of a district attorney, has successfully completed forty hours of academic or other formal victim counseling training or has had a minimum of one year of experience in providing victim counseling and whose duties include victim counseling.
ADDITIONAL INFORMATION	Partial Disclosure: If the victim partially discloses the contents of a confidential communication in the course of his testimony, then the protections of that act may be waived to the extent they apply to that portion of the communication. Waiver: A victim counselor shall not have authority to waive the protections afforded to a victim under the Victim Counselor Confidentiality Act.
EXCEPTIONS	The victim counselor may testify or produce records regarding confidential communications with the victim 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. A victim counselor has a duty to report suspected child abuse or neglect.
NEW YORK NY CPLR §4510: Evidence: Rape Crisis Counselor
PRIVILEGE RULE	A rape crisis counselor shall not be required to disclose a communication made by his or her client to him or her, or advice given thereon, in the course of his or her services. Any clerk, stenographer or other person working for the same program as the rape crisis counselor or for the rape crisis counselor shall be allowed to disclose any such communication or advice given thereon nor shall any records made in the course of the services given to the client or recording of any communications made by or to a client be required to be disclosed. The client cannot be compelled to disclose such communication or records.
DEFINITIONS	Rape Crisis Counselor: Any person who has been certified by an approved rape crisis program as having satisfied the training, and who, regardless of compensation, is acting under the direction and supervision of an approved rape crisis program. Client: Any person who is seeking or receiving the services of a rape crisis counselor for the purpose of securing counseling or assistance concerning any sexual offenses, sexual abuse, incest or attempts to commit sexual offenses, sexual abuse, or incest.
ADDITIONAL INFORMATION	A client who authorizes disclosure of confidential communication to obtain compensation has not waived that privilege. The privilege may only be waived by the client, the personal representative of a deceased client, or the conservator.
EXCEPTIONS	A rape crisis counselor may disclose such otherwise confidential communication to the extent authorized by the client Communication which reveals the intent to commit a crime or harmful act is shall not be treated as confidential. The client waives the privilege by instituting charges against the rape crisis counselor or the rape crisis program and such action or proceeding involves confidential communications between the client and the rape crisis counselor. In Camera Review: If a party demands disclosure of confidential communication, the court must then examine the communications outside the presence of the jury and counsel for all parties in order to determine whether disclosure is required.
NORTH CAROLINA NC St. § 8-53.12 Communications with agents of rape crisis centers and domestic violence programs privileged
PRIVILEGE RULE	No agent of a center shall be required to disclose any information which the agent acquired during the provision of services to a victim and which information was necessary to enable the agent to render the services.
DEFINITIONS	Agent: An employee or agent of a center who has completed a minimum of 20 hours of training as required by the center, or a volunteer, under the direct supervision of a center supervisor, who has completed a minimum of 20 hours of training as required by the center. Victim: A sexual assault victim or a domestic violence victim.
ADDITIONAL INFORMATION	The privilege afforded under this subsection terminates upon the death of the victim. After all appeals in the action have been exhausted, any records received by the court under seal shall be returned to the center.
EXCEPTIONS	Any resident or presiding judge shall compel disclosure if the court finds, either at or before trial, by a preponderance of the evidence, a good faith, specific and reasonable basis for believing that: The records or testimony sought contain information that is relevant and material to factual issues to be determined 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 not merely cumulative of other evidence or information available or already obtained by the party seeking the disclosure or the party's counsel. In Camera Review: If the court finds a sufficient showing that the records are likely to contain information subject to disclosure has been made, the court shall order that the records be produced for the court under seal, shall examine the records in camera, and may allow disclosure of those portions of the records which the court finds contain information subject to disclosure. There is no privilege of communication regarding reporting abuse or neglect of a child or disabled adult.
NORTH DAKOTA ND St. 14-07.1-18: Domestic violence or sexual assault program records - Confidentiality - Exceptions - Penalty
PRIVILEGE RULE	Without a clients consent, all agents, employees, and volunteers participating in a domestic violence or sexual assault program shall maintain the confidentiality of: The address, telephone number, and other identifying information of a shelter, safe home, and place of emergency safe housing; Name, address, telephone number, personally identifying information, and case file or history of any client receiving services from a domestic violence or sexual assault program; Name, address, telephone number, and other identifying information of an agent, employee, or volunteer providing services under a domestic violence or sexual assault program.
DEFINITIONS	Domestic Violence: includes physical harm, bodily injury, sexual activity compelled by physical force, assault, or the infliction of fear of imminent physical harm, bodily injury, sexual activity compelled by physical force, or assault, not committed in self-defense, on the complaining family or household members.
EXCEPTIONS	Disclosure of the information necessary for the efficient and safe operation of a domestic violence or sexual assault program; or for the protection of the safety of an employee, agent, volunteer, or client of a domestic violence or sexual assault program; or for the protection of a third party reasonably thought to be in need of protection. In Camera Review: After an in camera review and a written finding by the court that the information directly and specifically relates to a determination of child abuse and neglect or termination of parental rights, a court can order disclosure. There is no privilege if an agent, employee, or volunteer working with a domestic violence or sexual assault program has knowledge or reasonable cause to suspect a child has been abused or neglected.
OHIO No statutory privilege law between domestic or sexual abuse advocates and victims.
OKLAHOMA OK. St. T. 43A §§3-313-314 (Domestic Violence and Sexual Assault Shelters-Record) Repealed by Laws 2005, c. 348, § 19, eff. July 1, 2005.
OREGON No statutory privilege law between domestic or sexual abuse advocates and victims.
PENNSYLVANIA PA St. 23 Pa. C.S.A. §6116: Protection from Abuse: Confidentiality PA ST 42 Pa. C.S.A. § 5945.1: Confidential communications to sexual assault counselors
PRIVILEGE RULE	Domestic Violence Communication Privilege: Unless a victim waives the privilege in a signed writing prior to testimony or disclosure, a domestic violence counselor/advocate or a co-participant who is present during domestic violence counseling/advocacy shall not be competent nor permitted to testify or to otherwise disclose confidential communications made to or by the counselor/advocate by or to a victim. Sexual Assault Communication Privilege: No sexual assault counselor or an interpreter translating the communication between a sexual assault counselor and a victim may, without the written consent of the victim, disclose the victim's confidential oral or written communications to the counselor nor consent to be examined in any court or criminal proceeding. No co-participant who is present during counseling may disclose a victim's confidential communication made during the counseling session nor consent to be examined in any civil or criminal proceeding without the written consent of the victim
DEFINITIONS	Confidential Communication with Domestic Violence Counselor: All information, whether written or spoken, transmitted between a victim and a domestic violence counselor or advocate in the course of the relationship. Includes information received or given by the domestic violence counselor or advocate in the course of the relationship, as well as advice, reports, statistical data, memoranda or working papers, records or the like, given or made in the course of the relationship. Domestic Violence Counselor/Advocate: An individual who is engaged in a domestic violence program, the primary purpose of which is the rendering of counseling or assistance to victims of domestic violence, who has undergone 40 hours of training. Confidential Communication with Sexual Assault Counselor: All information, oral or written, transmitted between a victim of sexual assault and a sexual assault counselor in the course of their relationship, including, but not limited to, any advice, reports, statistical data, memoranda, working papers, records or the like, given or made during that relationship, including matters transmitted between the sexual assault counselor and the victim through the use of an interpreter. Sexual Assault Counselor: A person who is engaged in any office, institution or center defined as a rape crisis center under this section, who has undergone 40 hours of sexual assault training and is under the control of a direct services supervisor of a rape crisis center, whose primary purpose is the rendering of advice, counseling or assistance to victims of sexual assault. Co-participant: A victim participating in group counseling.
ADDITIONAL INFORMATION	Privilege of communication with domestic violence counselor terminates upon death of the victim. PA ST 23 Pa.C.S.A. § 5309: The court shall not order that the address of a shelter for battered spouses and their dependent children or otherwise confidential information of a domestic violence counselor be disclosed to the defendant or his counsel or any party to the proceedings. Sexual assault counselor privilege is an absolute privilege, which is not overcome even by constitutional rights of criminal defendant, V.B.T. v. Family Services of Western Pennsylvania, 705 A.2d 1325 (Pa. Supp. 1998).
EXCEPTIONS	Mandatory reporting requirements regarding physical or sexual assault to child protective services (this does not waive privilege). In Camera Review: Where sex offense defendant only desired review of rape counseling records of victim to discover any statements made by victim to counselor, which would relate to facts surrounding alleged offense, trial court should have conducted in camera inspection of those records, Com. v. Cody, 584 A.2d 992 (Pa Supp. 1991). Statements made by alleged victims to rape crisis center would not be protected by sexual assault counselor's privilege, if records were in possession of Commonwealth, and thus would be discoverable by defendant, Com. v. Higby, 559 A.2d 939 (Pa Supp. 1989).
RHODE ISLAND No statutory privilege law between domestic or sexual abuse advocates and victims. See Advisory Opinion to the House of Representatives, 469 A.2d 1161 R.I., 1983. November 08, 1983: Proposed act which would make all communications privileged between a sexual assault victim and a sexual assault counselor violates the federal and state constitutional rights of an accused to confront his or her accusers, to obtain compulsory process, and to offer testimony. A witness responding to such a subpoena shall be interviewed, and/or material produced in response to such a subpoena duces tecum shall be reviewed in camera by the trial justice without counsel present. This strikes the requisite balance between an accused's constitutional right at trial and the sexual-assault victim's need for confidentiality in regard to any conversations between the victim and the described counselor and center.
SOUTH CAROLINA No statutory privilege law between domestic or sexual abuse advocates and victims.
SOUTH DAKOTA No statutory privilege law between domestic or sexual abuse advocates and victims. But there is privilege to communication with licensed professional counselors under SD ST § 36-32-27.
TENNESSEE No statutory privilege law between domestic or sexual abuse advocates and victims But see: TN ST § 36-3-623, Domestic violence shelters and rape crisis centers; record confidentiality: The records of domestic violence shelters and rape crisis centers shall be treated as confidential by the records custodian of such shelters or centers, unless: The individual to whom the records pertain authorizes their release; or A court approves a subpoena for the records, subject to such restrictions as the court may impose, including in camera review. T. C. A. § 10-7-504 Confidentiality of certain records: The telephone number, address and any other information which could be used to locate the whereabouts of a domestic violence shelter or rape crisis center may be treated as confidential by a governmental entity, and shall be treated as confidential by a utility service provider if the shelter or crisis center gives written notice that it desires such identifying information to remain confidential.
TEXAS TX HEALTH & S § 44.071 Sexual Assault Prevention and Crisis Services - Confidential Communications
PRIVILEGE RULE	A communication between an advocate and a survivor, or a person claiming to be a survivor, that is made in the course of providing sexual assault advocacy services to the survivor is confidential and may not be disclosed. A record of the identity, personal history, or background information of a survivor or information concerning the victimization of a survivor that is created by or provided to an advocate or maintained by a sexual assault program is confidential and may not be disclosed.
ADDITIONAL INFORMATION	A communication or record that is confidential under this subchapter may not be disclosed to a parent or legal guardian of a survivor who is a minor if an advocate or a sexual assault program knows or has reason to believe that the parent or legal guardian of the survivor is a suspect in the sexual assault of the survivor Consent for the release of confidential information must be in writing and signed by the survivor, a parent or legal guardian, an attorney ad litem, or a personal representative. The written consent must specify: the information or records covered by the release; the reason or purpose for the release; and the person to whom the information is to be released.
EXCEPTIONS	Confidential Communication may be Disclosed if: The proceeding is brought by the survivor against an advocate or a sexual assault program or is a criminal proceeding or a certification revocation proceeding in which disclosure is relevant to the claims or defense of the advocate or sexual assault program, or The survivor or a person authorized to act on behalf of the survivor consents in writing to the release of the confidential information. Confidential Communication May Only be Disclosed to: Medical or law enforcement personnel if the advocate determines that there is a probability of imminent physical danger to any person for whom the communication or record is relevant or if there is a probability of immediate mental or emotional injury to the survivor. A governmental agency if the disclosure is required or authorized by law A qualified person to the extent necessary for a management audit, financial audit, program evaluation, or research, except that a report of the research, audit, or evaluation may not directly or indirectly identify a survivor. A person who has the written consent of the survivor or of a person authorized to act on the survivor's behalf An advocate or a person under the supervision of a counseling supervisor who is participating in the evaluation or counseling of or advocacy for the survivor Subpoena: A person shall disclose a communication or record that is confidential under this chapter for use in a criminal investigation or proceeding in response to a subpoena issued in accordance with law
UTAH UT ST § 78-3c-4: Confidential Communications for Sexual Assault Act
PRIVILEGE RULE	Privilege to confidential communication with sexual assault counselor.
DEFINITIONS	Confidential Communications: information given to a sexual assault counselor by a victim and includes reports or working papers made in the course of the counseling relationship. Sexual Assault Counselor: a person who is employed by or volunteers at a rape crisis center who has a minimum of 40 hours of training in counseling and assisting victims of sexual assault and who is under the supervision of the director or designee of a rape crisis center Victim: Person who has experienced a sexual assault of whatever nature including incest and rape and requests counseling or assistance regarding the mental, physical, and emotional consequences of the sexual assault.
ADDITIONAL INFORMATION	UT ST § 78-24-8: A sexual assault counselor cannot, without the consent of the victim, be examined in a civil or criminal proceeding as to any confidential communication made by the victim.
EXCEPTIONS	The confidential communication between a victim and a sexual assault counselor is available to a third person only when: The victim is a minor and the counselor believes it is in the best interest of the victim to disclose the confidential communication to the victim's parents; The victim is a minor and the minor's parents or guardian have consented to disclosure of the confidential communication to a third party based upon representations made by the counselor that it is in the best interest of the minor victim to make such disclosure; The victim is not a minor, has given consent, and the counselor believes the disclosure is necessary to accomplish the desired result of counseling; or The counselor has an obligation to report child abuse or neglect information transmitted in the confidential communication.
VERMONT VT ST T. 12 § 1614: Victim and crisis worker privilege
PRIVILEGE RULE	A victim receiving direct services from a crisis worker has the privilege to refuse to disclose and to prevent any other person from disclosing a confidential communication made by the victim to the crisis worker, including any record made in the course of providing support, counseling or assistance to the victim.
DEFINITIONS	Confidential Communication: Communication not intended to be disclosed to third persons other than those to whom disclosure is made in furtherance of the rendition of services to the victim or those reasonably necessary for the transmission of the communication. Crisis Worker: an employee or volunteer who provides direct services to victims of abuse or sexual assault for a domestic violence program or sexual assault crisis program incorporated or organized for the purpose of providing assistance, counseling or support services; has undergone 20 hours of training; works under the direction of a supervisor of the program, supervises employees or volunteers, or administers the program; and is certified by the director of the program.
EXCEPTIONS	State v. Barbera, 872 A.2d 309: Due process may require access to privileged information. To overcome the important policies protecting privileged information requires the most compelling justification. If the defense believes that it has a legitimate need for such information, it must utilize its discovery powers to seek to acquire it directly.
VIRGINIA No statutory privilege law between domestic or sexual abuse advocates and victims. But, there is licensed professional counselor privilege under VA ST § 8.01-400.2.
WASHINGTON WA ST 70.123.075: Client Records WA ST 70.125.065: Records of rape crisis centers not available as part of discovery--Exceptions WA ST 5.60.060: Who are disqualified--Privileged communications
PRIVILEGE RULE	Client records maintained by domestic violence programs shall not be subject to discovery in any judicial proceeding. Records maintained by rape crisis centers shall not be made available to any defense attorney as part of discovery in a sexual assault case. A sexual assault advocate may not, without the consent of the victim, be examined as to any communication made by the victim to the sexual assault advocate
DEFINITIONS	Domestic Violence Program: A program that provides shelter, advocacy, or counseling services for domestic violence victims. Community sexual assault program: A community-based social service agency that is qualified to provide and provides core services to victims of sexual assault. Sexual Assault Advocate: The employee or volunteer from a rape crisis center, victim assistance unit, program, or association, that provides information, medical or legal advocacy, counseling, or support to victims of sexual assault, who is designated by the victim to accompany the victim to the hospital or other health care facility and to proceedings concerning the alleged assault, including police and prosecution interviews and court proceedings.
ADDITIONAL INFORMATION	WA ST 42.17.310: Records maintained by an agency that is a domestic violence program or a rape crisis center are exempt from public inspection and copying. Sexual assault advocates participating in good faith in the disclosing of records and communications under this section shall have immunity from any liability, civil, criminal, or otherwise, that might result from the action. In any proceeding, civil or criminal, arising out of a disclosure under this section, the good faith of the sexual assault advocate who disclosed the confidential communication shall be presumed
EXCEPTIONS	Records maintained by a domestic violence and rape crisis programs may be disclosed if: A written pretrial motion is made to a court stating that discovery is requested of the client's domestic violence or rape crisis center's records; The written motion is accompanied by an affidavit or affidavits setting forth specifically the reasons why discovery is requested of the domestic violence program's or rape crisis center's records; The court reviews the domestic violence program or rape crisis center's records in camera to determine whether the domestic violence program's records are relevant and whether the probative value of the 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; 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. A sexual assault advocate may disclose a confidential communication without the consent of the victim if failure to disclose is likely to result in a clear, imminent risk of serious physical injury or death of the victim or another person.
WEST VIRGINIA WV ST § 48-26-701: Domestic Violence Act - Confidentiality
PRIVILEGE RULE	No program or shelter receiving funds pursuant to this article shall disclose or be compelled to disclose, release or be compelled to release any written records created or maintained in providing services, without written consent of the person who sought services.
DEFINITIONS	Shelter: a licensed domestic violence shelter created for the purpose of receiving, on a temporary basis, persons who are victims of domestic violence, abuse or rape as well as the children of such victims
ADDITIONAL INFORMATION	No consent or authorization for the transmission or disclosure of confidential information shall be effective unless it is in writing and signed by the client. Every person signing an authorization shall be given a copy.
EXCEPTIONS	There is no privilege in any proceeding concerning child or dependant adult abuse or neglect If the information is sufficiently relevant and outweighs the importance of confidentiality, the court may order disclosure. There may be disclosure to protect against a clear and substantial danger of imminent injury by a client to himself or herself or another There may be disclosure for treatment or internal review purposes to the staff of any program or shelter if the client is also being cared for by other health professionals in the program or shelter.
WISCONSIN WI ST § 905.045: Domestic violence or sexual assault advocate-victim privilege WI ST § 895.67: Domestic abuse services; prohibited disclosures
PRIVILEGE RULE	A victim has a privilege to refuse to disclose and to prevent any other person from disclosing confidential communications made or information obtained or disseminated among the victim, an advocate who is acting in the scope of his or her duties as an advocate, and persons who are participating in providing counseling, assistance, or support services under the direction of an advocate, 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. No employee or agent of a domestic abuse services organization who provides domestic abuse services to a service recipient may intentionally disclose to any person the location of any of the following persons without the informed, written consent of the service recipient: The service recipient Any minor child of the service recipient Any minor child in the care or custody of the service recipient Any minor child who accompanies the service recipient when the service recipient receives domestic abuse services
DEFINITIONS	Advocate: an individual who is an employee of or a volunteer for an organization the purpose of which is to provide counseling, assistance, or support services free of charge to a victim. Confidential Communication: Communication not intended to be disclosed to third persons other than persons present to further the interest of the person receiving counseling, assistance, or support services, persons reasonably necessary for the transmission of the communication or information, and persons who are participating in providing counseling, assistance, or support services under the direction of an advocate, including family members of the person receiving counseling, assistance, or support services and members of any group of individuals with whom the person receives counseling, assistance, or support services.
ADDITIONAL INFORMATION	Professional counselor patient privilege under WI ST § 905.04. The privilege may be claimed by the victim, by the victim's guardian or conservator, or by the victim's personal representative if the victim is deceased. The advocate may claim the privilege on behalf of the victim. Waiver: waives the privilege if the person or his or her predecessor, while holder of the privilege, voluntarily discloses or consents to disclosure of any significant part of the matter or communication.
EXCEPTIONS	There is no privilege to any report concerning child abuse that an advocate is required to make.
WYOMING WY ST § 1-12-116: Confidential communications between family violence and sexual assault advocate and victim
PRIVILEGE RULE	An advocate shall not testify in any civil, criminal, legislative or administrative proceeding concerning a confidential communication made by a victim in the course of that relationship. Any employee of a family violence and sexual assault program who has access to confidential communication shall not testify in any civil, criminal, legislative or administrative proceeding except in those circumstances where the advocate may testify.
DEFINITIONS	Confidential Communications: information transmitted in confidence between a victim and an advocate in the course of that relationship and includes all information received by, and any report, working paper or document prepared by the advocate in the course of that relationship. Advocate: a person who is employed by or volunteers services to any family violence and sexual assault program, who is certified by the program as having undergone at least 40 hours of crisis advocacy training and whose work is directed and supervised under a family violence and sexual assault program.
ADDITIONAL INFORMATION	The advocate may testify with the consent of the victim.
EXCEPTIONS	The advocate may be compelled to testify if the victim is unable to testify due to death or incompetence. The advocate may testify if the victim voluntarily testifies, provided the advocate's testimony shall be limited to the same subject matter. Evidence regarding child abuse or neglect in any judicial proceeding may not be privileged, WY ST § 14-3-210
(2006) This document was created by the CLEARINGHOUSE ON SUPERVISED VISITATION AT FLORIDA STATE UNIVERSITY. DO NOT PUBLISH OR CIRCULATE WITHOUT EXPRESS AUTHORIZATION OF THE CLEARINGHOUSE. Seek the advice of an attorney in your state; this document does not provide legal advice.

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