Sec. 52-146k. Privileged communications between battered women's or sexual assault counselor and victim.
Sec. 52-146k. Privileged communications between battered women's or sexual assault counselor and victim. (a) As used in this section:
(1) "Battered women's center" means any office, shelter, host home or center offering assistance to battered women through crisis intervention, emergency shelter referral
and medical and legal advocacy, and which meets the Department of Social Services
criteria of service provision for such centers.
(2) "Battered women's counselor" means any person engaged in a battered women's center (A) who has undergone a minimum of twenty hours of training which shall
include, but not be limited to, the dynamics of battering, crisis intervention, communication skills, working with diverse populations, an overview of the state criminal justice
system and information about state and community resources for battered women, (B)
who is certified as a counselor by the battered women's center which provided such
training, (C) who is under the control of a direct service supervisor of a battered women's
center, and (D) whose primary purpose is the rendering of advice, counsel and assistance
to, and the advocacy of the cause of, battered women.
(3) "Confidential communication" means information transmitted between a victim
of a battering or a sexual assault and a battered women's counselor or sexual assault
counselor in the course of that relationship and in confidence by a means which, so far
as the victim is aware, does not disclose the information to a third person other than any
person who is present to further the interests of the victim in the consultation or any
person to whom disclosure is reasonably necessary for the transmission of the information or for the accomplishment of the purposes for which such counselor is consulted,
and includes all information received by, and any advice, report or working paper given
or made by, such counselor in the course of the relationship with the victim.
(4) "Rape crisis center" means any office, institution or center offering assistance
to victims of sexual assault and their families through crisis intervention, medical and
legal advocacy and follow-up counseling and which meets the Department of Public
Health criteria of service provision for such centers.
(5) "Sexual assault counselor" means any person engaged in a rape crisis center
who (A) has undergone a minimum of twenty hours of training which shall include,
but not be limited to, the dynamics of sexual assault and incest, crisis intervention,
communication skills, working with diverse populations, an overview of the state criminal justice system, information about hospital and medical systems and information
about state and community resources for sexual assault victims, (B) is certified as a
counselor by the sexual assault center which has provided such training, (C) is under
the control of a direct services supervisor of a rape crisis center, and (D) whose primary
purpose is the rendering of advice, counseling and assistance to, and the advocacy of
the cause of, victims of sexual assault.
(6) "Victim" means any person who consults a battered women's counselor or a
sexual assault counselor for the purpose of securing advice, counseling or assistance
concerning a mental, physical or emotional condition caused by a battering or a sexual
assault.
(b) On or after October 1, 1983, a battered women's counselor or a sexual assault
counselor shall not disclose any confidential communications made to such 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 making the confidential communications
waives the privilege, provided under no circumstances shall the location of the battered
women's center or rape crisis center or the identity of the battered women's counselor
or sexual assault counselor be disclosed in any civil or criminal proceeding. Any request
made on or after October 1, 1983, by the defendant or the state for such confidential
communications shall be subject to the provisions of this subsection.
(c) When a victim is deceased or has been adjudged incompetent by a court of
competent jurisdiction, the guardian of the victim or the executor or administrator of
the estate of the victim may waive the privilege established by this section.
(d) A minor may knowingly waive the privilege established by this section. In any
instance where the minor is, in the opinion of the court, incapable of knowingly waiving
the privilege, the parent or guardian of the minor may waive the privilege on behalf of
the minor, provided such parent or guardian is not the defendant and does not have
a relationship with the defendant such that he has an interest in the outcome of the
proceeding.
(e) The privilege established by this section shall not apply: (1) In matters of proof
concerning chain of custody of evidence; (2) in matters of proof concerning the physical
appearance of the victim at the time of the injury; or (3) where the battered women's
counselor or sexual assault counselor has knowledge 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.
(f) The failure of any party to testify as a witness pursuant to the provisions of this
section shall not result in an inference unfavorable to the state's cause or to the cause
of the defendant.
(P.A. 83-429; P.A. 85-112; P.A. 93-262, S. 1, 87; 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58.)
History: P.A. 85-112 amended Subsec. (b) by adding provision that communications made to counselor at any time
are privileged communications on or after October 1, 1983; P.A. 93-262 authorized substitution of commissioner and
department of social services for commissioner and department of human resources, effective July 1, 1993; P.A. 93-381
replaced department of health services with department of public health and addiction services, effective July 1, 1993;
P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and
Department of Public Health, effective July 1, 1995.
Cited. 199 C. 693. Cited. 200 C. 734. Cited. 201 C. 211. Cited. 202 C. 259. Cited. 204 C. 259. Cited. 211 C. 555. Cited.
230 C. 43. Cited. 240 C. 658. Cited. 242 C. 1.
Cited. 8 CA 216. Cited. 10 CA 103. Cited. 23 CA 509.
Subsec. (b):
Defendant's communication with her counselor made before effective date of act held erroneously admitted at her trial
held after the effective date. 204 C. 259. P.A. 85-112 cited. Id.