2010 Pennsylvania Code
Title 42 - JUDICIARY AND JUDICIAL PROCEDURE
Chapter 59 - Depositions and Witnesses
5945.1 - Confidential communications with sexual assault counselors.

     § 5945.1.  Confidential communications with sexual assault
                counselors.
        (a)  Definitions.--As used in this section, the following
     words and phrases shall have the meanings given to them in this
     subsection:
        "Confidential communication."   All information, oral or
     written, transmitted between a victim of sexual assault and a
     sexual assault counselor in the course of their relationship,
     including, but not limited to, any advice, reports, statistical
     data, memoranda, working papers, records or the like, given or
     made during that relationship, including matters transmitted
     between the sexual assault counselor and the victim through the
     use of an interpreter.
        "Coparticipant."  A victim participating in group counseling.
        "Interpreter."  A person who translates communications
     between a sexual assault counselor and a victim through the use
     of sign language, visual, oral or written translation.
        "Rape crisis center."  Any office, institution or center
     offering assistance to victims of sexual assault and their
     families through crisis intervention, medical and legal
     accompaniment and follow-up counseling.
        "Sexual assault counselor."  A person who is engaged in any
     office, institution or center defined as a rape crisis center
     under this section, who has undergone 40 hours of sexual assault
     training and is under the control of a direct services
     supervisor of a rape crisis center, whose primary purpose is the
     rendering of advice, counseling or assistance to victims of
     sexual assault.
        "Victim."  A person who consults a sexual assault counselor
     for the purpose of securing advice, counseling or assistance
     concerning a mental, physical or emotional condition caused or
     reasonably believed to be caused by a sexual assault. The term
     shall also include those persons who have a significant
     relationship with a victim of sexual assault and who seek
     advice, counseling or assistance from a sexual assault counselor
     concerning a mental, physical or emotional condition caused or
     reasonably believed to be caused by a sexual assault of a
     victim.
        (b)  Privilege.--
            (1)  No sexual assault counselor or an interpreter
        translating the communication between a sexual assault
        counselor and a victim may, without the written consent of
        the victim, disclose the victim's confidential oral or
        written communications to the counselor nor consent to be
        examined in any court or criminal proceeding.
            (2)  No coparticipant who is present during counseling
        may disclose a victim's confidential communication made
        during the counseling session nor consent to be examined in
        any civil or criminal proceeding without the written consent
        of the victim.
     (Dec. 23, 1981, P.L.585, No.169, eff. 60 days; Dec. 17, 1990,
     P.L.737, No.183, eff. imd.; Dec. 20, 2000, P.L.742, No.105, eff.
     60 days)

        Cross References.  Section 5945.1 is referred to in sections
     4415, 4436 of this title sections 566, 586 of Title 2
     (Administrative Law and Procedure).

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