§ 8-53.12. Communications with agents of rape crisis centers and domestic violence programs privileged.
§ 8‑53.12. Communications with agents of rape crisis centers and domestic violenceprograms privileged.
(a) Definitions. Thefollowing definitions apply in this section:
(1) Agent. An employeeor agent of a center who has completed a minimum of 20 hours of training asrequired by the center, or a volunteer, under the direct supervision of acenter supervisor, who has completed a minimum of 20 hours of training asrequired by the center.
(2) Center. A domesticviolence program or rape crisis center.
(3) Domestic violenceprogram. A nonprofit organization or program whose primary purpose is toprovide services to domestic violence victims.
(4) Domestic violencevictim. Any person alleging domestic violence as defined by G.S. 50B‑1,who consults an agent of a domestic violence program for the purpose ofobtaining, for himself or herself, advice, counseling, or other servicesconcerning mental, emotional, or physical injuries suffered as a result of thedomestic violence. The term shall also include those persons who have asignificant relationship with a victim of domestic violence and who havesought, for themselves, advice, counseling, or other services concerning amental, physical, or emotional condition caused or reasonably believed to becaused by the domestic violence against the victim.
(5) Rape crisis center. Any publicly or privately funded agency, institution, organization, orfacility that offers counseling and other services to victims of sexual assaultand their families.
(6) Services. Includes, but is not limited to, crisis hotlines; safe homes and shelters;assessment and intake; children of violence services; individual counseling;support in medical, administrative, and judicial systems; transportation,relocation, and crisis intervention. The term does not include investigation ofphysical or sexual assault of children under the age of 16.
(7) Sexual assault. Any alleged violation of G.S. 14‑27.2, 14‑27.3, 14‑27.4, 14‑27.5,14‑27.7, 14‑27.7A, or 14‑202.1, whether or not a civil orcriminal action arises as a result of the alleged violation.
(8) Sexual assaultvictim. Any person alleging sexual assault, who consults an agent of a rapecrisis center for the purpose of obtaining, for themselves, advice, counseling,or other services concerning mental, physical, or emotional injuries sufferedas a result of sexual assault. The term shall also include those persons whohave a significant relationship with a victim of sexual assault and who havesought, for themselves, advice, counseling, or other services concerning amental, physical, or emotional condition caused or reasonably believed to becaused by sexual assault of a victim.
(9) Victim. A sexualassault victim or a domestic violence victim.
(b) PrivilegedCommunications. No agent of a center shall be required to disclose anyinformation which the agent acquired during the provision of services to avictim and which information was necessary to enable the agent to render theservices; provided, however, that this subsection shall not apply where thevictim waives the privilege conferred. Any resident or presiding judge in thedistrict in which the action is pending shall compel disclosure, either at thetrial or prior thereto, if the court finds, by a preponderance of the evidence,a good faith, specific and reasonable basis for believing that (i) the recordsor testimony sought contain information that is relevant and material tofactual issues to be determined in a civil proceeding, or is relevant,material, and exculpatory upon the issue of guilt, degree of guilt, orsentencing in a criminal proceeding for the offense charged or any lesserincluded offense, (ii) the evidence is not sought merely for characterimpeachment purposes, and (iii) the evidence sought is not merely cumulative ofother evidence or information available or already obtained by the partyseeking the disclosure or the party's counsel. If the case is in districtcourt, the judge shall be a district court judge, and if the case is insuperior court, the judge shall be a superior court judge.
Before requiring production ofrecords, the court must find that the party seeking disclosure has made asufficient showing that the records are likely to contain information subjectto disclosure under this subsection. If the court finds a sufficient showinghas been made, the court shall order that the records be produced for the courtunder seal, shall examine the records in camera, and may allow disclosure ofthose portions of the records which the court finds contain information subjectto disclosure under this subsection. After all appeals in the action have beenexhausted, any records received by the court under seal shall be returned tothe center, unless otherwise ordered by the court. The privilege afforded underthis subsection terminates upon the death of the victim.
(c) Duty in Case ofAbuse or Neglect. Nothing in this section shall be construed to relieve anyperson of any duty pertaining to abuse or neglect of a child or disabled adultas required by law. (2001‑277, s. 1.)