6 Guam Code Ann. § 9102
Terms Used In 6 Guam Code Ann. § 9102
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.
- Evidence: Information presented in testimony or in documents that is used to persuade the fact finder (judge or jury) to decide the case for one side or the other.
- Guardian: A person legally empowered and charged with the duty of taking care of and managing the property of another person who because of age, intellect, or health, is incapable of managing his (her) own affairs.
- Testimony: Evidence presented orally by witnesses during trials or before grand juries.
- Victim advocate: work with prosecutors and assist the victims of a crime.
(b) Victim-Advocate Privilege.
(1) A crime victim has a privilege to refuse to disclose, and to prevent any other person from disclosing, a confidential communication made by the victim to a crime victim advocate or any record made in the course of advising, counseling or assisting the victim. The privilege applies to confidential communications made between the victim and the advocate, and to records of those communications. This privilege does not include communications excluded under Subsection (c)(3) of this Section.
(2) The privilege may be claimed by the following:
(A) The victim, or the victim’s attorney on behalf of the victim.
(B) A guardian or conservator of the victim.
(C) The personal representative of a deceased victim.
(D) The crime victim advocate, but only on behalf of the victim. The authority of the advocate to claim the privilege is presumed in the absence of evidence to the contrary.
(c) Consultation Between Crime Victim Advocate and Victim; Privileged Information; Exception.
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6 Guam Code Ann. EVIDENCE
DIV. 2 PRINCIPLES OF EVIDENCE
CH.9 CERTAIN CONFIDENTIAL COMMUNICATIONS
(1) A crime victim advocate shall not disclose as a witness or otherwise, any communication made by or with the victim, including any communication made to or in the presence of others, unless the victim consents in writing to the disclosure.
(2) Unless the victim consents either verbally or in writing to the disclosure, a crime victim advocate shall not disclose records, notes, documents, correspondence, reports or memoranda that contain opinions, theories or other information made while advising, counseling or assisting the victim, or that are based on communications made by or with the victim, including communications made to or in the presence of others.
(3) The communication is not privileged if the crime victim advocate knows that the victim will give or has given perjured testimony or if the communication contains exculpatory material.
(4) Notwithstanding Subsections (c)(1) and (2) of this Section, with the written or verbal consent of the victim, a crime victim advocate who is employed by the Attorney General’s Office may disclose information to the prosecutor.
(5) If, with the written or verbal consent of the victim, the crime victim advocate discloses to the prosecutor or a law enforcement agency any communication between the victim and the advocate, or any records, notes, document, correspondence, reports or memoranda; the prosecutor or law enforcement agent shall disclose the material to the defendant‘s attorney only if such information is otherwise exculpatory.
(6) Notwithstanding Subsections (c)(1) and (2) of this Section, with the written or verbal consent of the victim, a crime victim advocate may disclose information to other professional and administrative support persons with whom the advocate works for the purpose of assisting the advocate in providing services to the victim.
SOURCE: Added by P.L. 33-051:1 (June 12, 2015).
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