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.
A sexual assault counselor who received or made a confidential communications that is subject to privilege, must claim the privilege if she is present when the communication is sought to be disclosed.
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.
Victims of a sex crime, forensics workers, peace officers/firefighters/emergency medical workers may petition court for health test of subjects if they feel they have been exposed to HIV during crime/in line of duty. If court agrees, defendant/subject will provide specimens, and test results will be sent to victim, victim's employer defendant/subject, officer and chief medical officer in charge of detention center where subject is detained
The minimum standards for the examination and treatment of victims of sexual assault or attempted sexual assault, including child molestation and the collection and preservation of evidence therefrom includes obtaining consent from the victim for the collection of physical evidence. Consent of a minor's parent is not always necessary.
Each qualified health care professional who conducts an examination for evidence of a sexual assault or attempted sexual assault shall use the standard form. The form shall be used to satisfy reporting requirements in Penal 11160, 11161, 11168 and shall be subject to the same principles of confidentiality applicable to other medical records.
Any person authorized to administer the State Authorized Risk Assessment Tool for Sex Offenders (SARATSO) and any person acting under authority from the SARATSO Review Committee as an expert to train, monitor, or review scoring by persons who administer the SARATSO, shall have access to all relevant records pertaining to a registered sex offense, including psychological evaluations and psychiatric hospital reports. Records and information obtained under this section shall not be subject to the California Public Records Act.
