Statute · California Evidence Code

Cal. Evid. Code § 1035.8 — Sexual Assault Counselor-Victim Privilege

Cal. Evid. Code § 1035.8

Type
Statute
Source
California Evidence Code
Jurisdiction
California
Date
2007-01-01
Current through
Nov 2, 2026 (California Legislative Counsel)

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 :

Citator

Cal. Evid. Code § 1035.8 — Sexual Assault Counselor-Victim Privilege is in force in the current edition of the Code, and nothing recorded condemns it.

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) The holder of the privilege;

(b) A person who is authorized to claim the privilege by the holder of the privilege; or

(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.