1. Confidential communications with sexual assault counselors. (a) Definitions.-- As used in this section, the following words and phrases shall have the meanings given
Pennsylvania Consolidated Statutes
Section: 59451
Jurisdiction: PA
Bluebook Citation: 42 Pa. Cons. Stat. § 59451
§ 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, 5945.3, 62A03 of this title;
sections 566, 586 of Title 2 (Administrative Law and Procedure).
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