California Evidence Code 1035.8 – A victim of a sexual assault, whether or not a party, has a privilege …
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;
Terms Used In California Evidence Code 1035.8
- holder of the privilege: means :
California Evidence Code 1035.6
- Person: includes a natural person, firm, association, organization, partnership, business trust, corporation, limited liability company, or public entity. See California Evidence Code 175
- sexual assault: includes all of the following:
California Evidence Code 1036.2
- sexual assault counselor: means any of the following:
California Evidence Code 1035.2
- 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. See California Evidence Code 1035
(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.
(Amended by Stats. 2006, Ch. 689, Sec. 6. Effective January 1, 2007.)