California Evidence Code ARTICLE 8.5 - Sexual Assault Counselor-Victim Privilege

  • Section 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...
  • Section 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...
  • Section 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...
  • Section 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...
  • Section 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...
  • Section 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...
  • Section 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...

Last modified: October 22, 2018