1035. 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.
1035.2. As used in this article, "sexual assault counselor" means
any of the following:
(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) 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) 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) Law.
(B) Medicine.
(C) Societal attitudes.
(D) Crisis intervention and counseling techniques.
(E) Role playing.
(F) Referral services.
(G) Sexuality.
(b) 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) 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) 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) Law.
(B) Victimology.
(C) Counseling.
(D) Client and system advocacy.
(E) Referral services.
1035.4. 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) The court shall inform the defendant of the nature of the
information which may be subject to disclosure.
(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) 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.
1035.6. As used in this article, "holder of the privilege" means:
(a) The victim when such person has no guardian or conservator.
(b) A guardian or conservator of the victim when the victim has a
guardian or conservator.
(c) The personal representative of the victim if the victim is
dead.
1035.8. 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.
1036. 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.
1036.2. As used in this article, "sexual assault" includes all of
the following:
(a) Rape, as defined in Section 261 of the Penal Code.
(b) Unlawful sexual intercourse, as defined in Section 261.5 of
the Penal Code.
(c) Rape in concert with force and violence, as defined in Section
264.1 of the Penal Code.
(d) Rape of a spouse, as defined in Section 262 of the Penal Code.
(e) Sodomy, as defined in Section 286 of the Penal Code, except a
violation of subdivision (e) of that section.
(f) A violation of Section 288 of the Penal Code.
(g) Oral copulation, as defined in Section 288a of the Penal Code,
except a violation of subdivision (e) of that section.
(h) Sexual penetration, as defined in Section 289 of the Penal
Code.
(i) Annoying or molesting a child under 18, as defined in Section
647a of the Penal Code.
(j) Any attempt to commit any of the above acts.
1035. 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.
1035.2. As used in this article, "sexual assault counselor" means
any of the following:
(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) 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) 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) Law.
(B) Medicine.
(C) Societal attitudes.
(D) Crisis intervention and counseling techniques.
(E) Role playing.
(F) Referral services.
(G) Sexuality.
(b) 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) 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) 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) Law.
(B) Victimology.
(C) Counseling.
(D) Client and system advocacy.
(E) Referral services.
1035.4. 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) The court shall inform the defendant of the nature of the
information which may be subject to disclosure.
(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) 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.
1035.6. As used in this article, "holder of the privilege" means:
(a) The victim when such person has no guardian or conservator.
(b) A guardian or conservator of the victim when the victim has a
guardian or conservator.
(c) The personal representative of the victim if the victim is
dead.
1035.8. 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.
1036. 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.
1036.2. As used in this article, "sexual assault" includes all of
the following:
(a) Rape, as defined in Section 261 of the Penal Code.
(b) Unlawful sexual intercourse, as defined in Section 261.5 of
the Penal Code.
(c) Rape in concert with force and violence, as defined in Section
264.1 of the Penal Code.
(d) Rape of a spouse, as defined in Section 262 of the Penal Code.
(e) Sodomy, as defined in Section 286 of the Penal Code, except a
violation of subdivision (e) of that section.
(f) A violation of Section 288 of the Penal Code.
(g) Oral copulation, as defined in Section 288a of the Penal Code,
except a violation of subdivision (e) of that section.
(h) Sexual penetration, as defined in Section 289 of the Penal
Code.
(i) Annoying or molesting a child under 18, as defined in Section
647a of the Penal Code.
(j) Any attempt to commit any of the above acts.
1035. 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.
1035.2. As used in this article, "sexual assault counselor" means
any of the following:
(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) 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) 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) Law.
(B) Medicine.
(C) Societal attitudes.
(D) Crisis intervention and counseling techniques.
(E) Role playing.
(F) Referral services.
(G) Sexuality.
(b) 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) 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) 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) Law.
(B) Victimology.
(C) Counseling.
(D) Client and system advocacy.
(E) Referral services.
1035.4. 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) The court shall inform the defendant of the nature of the
information which may be subject to disclosure.
(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) 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.
1035.6. As used in this article, "holder of the privilege" means:
(a) The victim when such person has no guardian or conservator.
(b) A guardian or conservator of the victim when the victim has a
guardian or conservator.
(c) The personal representative of the victim if the victim is
dead.
1035.8. 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.
1036. 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.
1036.2. As used in this article, "sexual assault" includes all of
the following:
(a) Rape, as defined in Section 261 of the Penal Code.
(b) Unlawful sexual intercourse, as defined in Section 261.5 of
the Penal Code.
(c) Rape in concert with force and violence, as defined in Section
264.1 of the Penal Code.
(d) Rape of a spouse, as defined in Section 262 of the Penal Code.
(e) Sodomy, as defined in Section 286 of the Penal Code, except a
violation of subdivision (e) of that section.
(f) A violation of Section 288 of the Penal Code.
(g) Oral copulation, as defined in Section 288a of the Penal Code,
except a violation of subdivision (e) of that section.
(h) Sexual penetration, as defined in Section 289 of the Penal
Code.
(i) Annoying or molesting a child under 18, as defined in Section
647a of the Penal Code.
(j) Any attempt to commit any of the above acts.
