There is no psychotherapist-patient privilege if the psychotherapist is appointed by the court to examine the patient, unless the psychotherapist is appointed upon request of the patient's lawyer to obtain information to advise the patient of whether or not to utilize a defense based on insanity or on his mental or emotional condition. There is no privilege if the psychotherapist is appointed by the Board of Prison Terms to examine the patient.
The court may compel the disclosure of a confidential communications between the sexual assault counselor and the victim if it is relevant evidence in a criminal proceeding regarding an alleged sexual assault about which the victim is complaining, if its probative value outweighs any potential prejudice to the victim. In making a decision, the court may require the person from whom disclosure is sought to disclose the privileged information in chambers.
A victim of sexual assault has the privilege to refuse to disclose and prevent another person from disclosing a confidential communications between the victim and a sexual assault counselor if privilege is claimed by the holder of the privilege, a person who is authorized to claim the privilege, or the person who was the sexual assault counselor at the time of the confidential communications.
Except as provided in this section, the right to claim lawyer-client privilege, privilege of confidential marital communications, physician-patient privilege, psychotherapist-patient privilege, privilege of penitent, privilege of clergymen, sexual assault counselor-victim privilege, or domestic violence counselor-victim privilege is waived if any holder of privilege has disclosed a significant portion of the communication or has consented to disclosure. The waiver of privilege by one party to the communication does not affect the other party's right to claim privilege.
Communications made in the course of the lawyer-client, physician-patient, psychotherapist-patient, clergy-penitent, husband-wife, sexual assault counselor-victim, or domestic violence counselor-victim relationship are presumed to have been in confidence when privilege is claimed. Electronic communications in such relationships do not lose their privilege solely because of the electronic nature of the communication.
The section defines "confidential communications between the sexual assault counselor and the victim". Court may compel disclosure if the court determines that the probative value outweighs the effect on the victim, the treatment relationship, and the treatment services