As used in this article, “victim” means a person who consults a sexual assault counselor for the purpose of securing advice or assistance concerning a mental, physical, or emotional condition caused by a sexual assault.
Particular PrivilegesSexual Assault Counselor-victim Privilege
Section § 1035
In this law, a "victim" is defined as anyone who seeks help from a sexual assault counselor for issues related to mental, physical, or emotional harm resulting from a sexual assault.
sexual assault counselor victim definition mental condition
Section § 1035.2
This law defines who qualifies as a "sexual assault counselor" in California. A sexual assault counselor is someone involved in a rape crisis center or similar institution, and they must meet specific education and training requirements.
The criteria include having a psychotherapist license or a relevant master's degree, or sufficient counseling experience, with part of it focused on rape crisis. Additionally, those without the aforementioned credentials need 40 hours of specialized training under a qualified supervisor.
This training covers topics such as law, medicine, societal attitudes, and crisis intervention. Similar standards apply to counselors at colleges or those with programs offering assistance to sexual assault victims, adhering to guidelines set by the Penal Code.
As used in this article, “sexual assault counselor” means any of the following:
(a)CA Evidence Code § 1035.2(a) A person who is engaged in any office, hospital, institution, or center commonly known as a rape crisis center, whose primary purpose is the rendering of advice or assistance to victims of sexual assault and who has received a certificate evidencing completion of a training program in the counseling of sexual assault victims issued by a counseling center that meets the criteria for the award of a grant established pursuant to Section 13837 of the Penal Code and who meets one of the following requirements:
(1)CA Evidence Code § 1035.2(a)(1) Is a psychotherapist as defined in Section 1010; has a master’s degree in counseling or a
related field; or has one year of counseling experience, at least six months of which is in rape crisis counseling.
(2)CA Evidence Code § 1035.2(a)(2) Has 40 hours of training as described below and is supervised by an individual who qualifies as a counselor under paragraph (1). The training, supervised by a person qualified under paragraph (1), shall include, but not be limited to, the following areas:
(A)CA Evidence Code § 1035.2(a)(2)(A) Law.
(B)CA Evidence Code § 1035.2(a)(2)(B) Medicine.
(C)CA Evidence Code § 1035.2(a)(2)(C) Societal attitudes.
(D)CA Evidence Code § 1035.2(a)(2)(D) Crisis intervention and counseling techniques.
(E)CA Evidence Code § 1035.2(a)(2)(E) Role playing.
(F)CA Evidence Code § 1035.2(a)(2)(F) Referral services.
(G)CA Evidence Code § 1035.2(a)(2)(G) Sexuality.
(b)CA Evidence Code § 1035.2(b) A person who is engaged in a program on the campus of a public or private institution of higher education, whose primary purpose is the rendering of advice or assistance to victims of sexual assault and who has received a certificate evidencing completion of a training program in the counseling of sexual assault victims issued by a counseling center that meets the criteria for the award of a grant established pursuant to Section 13837 of the Penal Code and who meets one of the following requirements:
(1)CA Evidence Code § 1035.2(b)(1) Is a psychotherapist as defined in Section 1010; has a master’s degree in counseling or a related field; or has one year of counseling experience, at least six months of which is in rape crisis counseling.
(2)CA Evidence Code § 1035.2(b)(2) Has 40 hours of training as described below and is supervised by an
individual who qualifies as a counselor under paragraph (1). The training, supervised by a person qualified under paragraph (1), shall include, but not be limited to, the following areas:
(A)CA Evidence Code § 1035.2(b)(2)(A) Law.
(B)CA Evidence Code § 1035.2(b)(2)(B) Medicine.
(C)CA Evidence Code § 1035.2(b)(2)(C) Societal attitudes.
(D)CA Evidence Code § 1035.2(b)(2)(D) Crisis intervention and counseling techniques.
(E)CA Evidence Code § 1035.2(b)(2)(E) Role playing.
(F)CA Evidence Code § 1035.2(b)(2)(F) Referral services.
(G)CA Evidence Code § 1035.2(b)(2)(G) Sexuality.
(c)CA Evidence Code § 1035.2(c) A person who is employed by any organization providing the programs specified in Section 13835.2 of the Penal Code, whether financially compensated or not,
for the purpose of counseling and assisting sexual assault victims, and who meets one of the following requirements:
(1)CA Evidence Code § 1035.2(c)(1) Is a psychotherapist as defined in Section 1010; has a master’s degree in counseling or a related field; or has one year of counseling experience, at least six months of which is in rape assault counseling.
(2)CA Evidence Code § 1035.2(c)(2) Has the minimum training for sexual assault counseling required by guidelines established by the employing agency pursuant to subdivision (c) of Section 13835.10 of the Penal Code, and is supervised by an individual who qualifies as a counselor under paragraph (1). The training, supervised by a person qualified under paragraph (1), shall include, but not be limited to, the following areas:
(A)CA Evidence Code § 1035.2(c)(2)(A) Law.
(B)CA Evidence Code § 1035.2(c)(2)(B) Victimology.
(C)CA Evidence Code § 1035.2(c)(2)(C) Counseling.
(D)CA Evidence Code § 1035.2(c)(2)(D) Client and system advocacy.
(E)CA Evidence Code § 1035.2(c)(2)(E) Referral services.
sexual assault counselor rape crisis center training program
Section § 1035.4
This section defines 'confidential communication' between a sexual assault victim and their counselor as any private information they share in the context of their relationship. This includes details about the assault, the victim's sexual history, and reputation. Disclosure of such information in court is carefully controlled. It can only be compelled if a judge concludes the information’s importance in a case outweighs potential harm to the victim or the counseling relationship.
If disclosure might happen, the court conducts a private hearing to weigh the decision carefully. During this hearing, only certain parties are allowed to be present, and strict confidentiality is maintained. If the judge decides some information should be disclosed, it is shared under specific conditions and rules, including guidance on how such evidence can be used in court.
As used in this article, “confidential communication between the sexual assault counselor and the victim” means information transmitted between the victim and the sexual assault counselor in the course of their relationship and in confidence by a means which, so far as the victim is aware, discloses the information to no third persons other than those who are present to further the interests of the victim in the consultation or those to whom disclosures are reasonably necessary for the transmission of the information or an accomplishment of the purposes for which the sexual assault counselor is consulted. The term includes all information regarding the facts and circumstances involving the alleged sexual assault and also includes all information regarding the victim’s prior or subsequent sexual conduct, and opinions regarding the victim’s sexual conduct or reputation in sexual matters.
The court may compel disclosure of information received by the sexual assault counselor which constitutes relevant evidence of the facts and circumstances involving an alleged sexual assault about which the victim is complaining and which is the subject of a criminal proceeding if the court determines that the probative value outweighs the effect on the victim, the treatment relationship, and the treatment services if disclosure is compelled. The court may also compel disclosure in proceedings related to child abuse if the court determines the probative value outweighs the effect on the victim, the treatment relationship, and the treatment services if disclosure is compelled.
When a court is ruling on a claim of privilege under this article, the court may require the person from whom disclosure is sought or the person authorized to claim the privilege, or both, to disclose the information in chambers out of the presence and hearing of all persons except the person authorized to claim the privilege and such other persons as the person authorized to claim the privilege is willing to have present. If the judge determines that the information is privileged and must not be disclosed, neither he or she nor any other person may ever disclose, without the consent of a person authorized to permit disclosure, what was disclosed in the course of the proceedings in chambers.
If the court determines certain information shall be disclosed, the court shall so order and inform the defendant. If the court finds there is a reasonable likelihood that particular information is subject to disclosure pursuant to the balancing test provided in this section, the following procedure shall be followed:
(1)CA Evidence Code § 1035.4(1) The court shall inform the defendant of the nature of the information which may be subject to disclosure.
(2)CA Evidence Code § 1035.4(2) The court shall order a hearing out of the presence of the jury, if any, and at the hearing allow the questioning of the sexual assault counselor regarding the information which the court has determined may be subject to disclosure.
(3)CA Evidence Code § 1035.4(3) At the conclusion of the hearing, the court shall rule which items of information, if any, shall be disclosed. The court may make an order stating what evidence may be introduced by the defendant and the nature of questions to be permitted. The defendant may then offer evidence pursuant to the order of the court. Admission of evidence concerning the sexual conduct of the complaining witness is subject to Sections 352, 782, and 1103.
confidential communication sexual assault counseling victim-counselor privacy
Section § 1035.6
This part of the law explains who is considered the 'holder of the privilege' over certain private information. If there's a victim, they hold the privilege unless they have a guardian or conservator, in which case that person holds it. If the victim has passed away, the victim's personal representative holds the privilege.
As used in this article, “holder of the privilege” means:
(a)CA Evidence Code § 1035.6(a) The victim when such person has no guardian or conservator.
(b)CA Evidence Code § 1035.6(b) A guardian or conservator of the victim when the victim has a guardian or conservator.
(c)CA Evidence Code § 1035.6(c) The personal representative of the victim if the victim is dead.
holder of the privilege victim rights guardian
Section § 1035.8
If a person is a victim of sexual assault, they have the right to keep their conversations with a sexual assault counselor private. This means they can refuse to share this information and stop others from sharing it too. This right can be asserted by the victim themselves, someone the victim has allowed to claim the right on their behalf, or the counselor who had the conversation, unless there is no victim to claim the right or the counselor has been directed to share it by an authorized person.
A victim of a sexual assault, whether or not a party, has a privilege to refuse to disclose, and to prevent another from disclosing, a confidential communication between the victim and a sexual assault counselor if the privilege is claimed by any of the following :
(a)CA Evidence Code § 1035.8(a) The holder of the privilege;
(b)CA Evidence Code § 1035.8(b) A person who is authorized to claim the privilege by the holder of the privilege; or
(c)CA Evidence Code § 1035.8(c) The person who was the sexual assault counselor at the time of the confidential communication, but that person may not claim the privilege if there is no holder of the privilege in existence or if he or she is otherwise instructed by a person authorized to permit disclosure.
sexual assault victim confidential communication sexual assault counselor
Section § 1036
If a sexual assault counselor is present when someone tries to disclose a private communication, they must claim confidentiality to protect that information, as long as they are allowed to do so under a specific rule called Section 1035.8(c).
The sexual assault counselor who received or made a communication subject to the privilege under this article shall claim the privilege if he or she is present when the communication is sought to be disclosed and is authorized to claim the privilege under subdivision (c) of Section 1035.8.
sexual assault counselor communication confidentiality claim privilege
Section § 1036.2
This law section outlines what is considered "sexual assault" in legal terms. It includes acts like rape, unlawful sexual intercourse, forceful rape, sodomy (aside from certain exceptions), child molestation, and oral copulation (with some exceptions). Additionally, sexual penetration and attempts to commit these acts are also included.
As used in this article, “sexual assault” includes all of the following:
(a)CA Evidence Code § 1036.2(a) Rape, as defined in Section 261 of the Penal Code.
(b)CA Evidence Code § 1036.2(b) Unlawful sexual intercourse, as defined in Section 261.5 of the Penal Code.
(c)CA Evidence Code § 1036.2(c) Rape in concert with force and violence, as defined in Section 264.1 of the Penal Code.
(d)CA Evidence Code § 1036.2(d) Sodomy, as defined in Section 286 of the Penal Code, except a violation of subdivision (e) of that section.
(e)CA Evidence Code § 1036.2(e) A violation of Section 288 of the Penal Code.
(f)CA Evidence Code § 1036.2(f) Oral
copulation, as defined in Section 287 of, or former Section 288a of, the Penal Code, except a violation of subdivision (e) of those sections.
(g)CA Evidence Code § 1036.2(g) Sexual penetration, as defined in Section 289 of the Penal Code.
(h)CA Evidence Code § 1036.2(h) Annoying or molesting a child under 18 years of age, as defined in Section 647a of the Penal Code.
(i)CA Evidence Code § 1036.2(i) Any attempt to commit any of the acts listed in this section.
sexual assault definition rape unlawful sexual intercourse
