US Lawyer Database

Section 1035.6.

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 when the victim has a guardian or conservator. (c) The personal representative of the victim if the victim is dead. (Added by Stats. 1980, Ch. 917.)

Section 1035.8.

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 confidential communication between the victim and a sexual assault counselor if the privilege is claimed by any of the following : (a) The holder of the privilege; (b) A person who […]

Section 1036.

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 is present when the communication is sought to be disclosed and is authorized to claim the privilege under subdivision (c) of Section 1035.8. (Amended by Stats. 2006, Ch. 689, […]

Section 1036.2.

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 in Section 261.5 of the Penal Code. (c) Rape in concert with force and violence, as defined in Section 264.1 of the Penal Code. (d) Sodomy, as defined in […]

Section 1035.

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 mental, physical, or emotional condition caused by a sexual assault. (Amended by Stats. 2006, Ch. 689, Sec. 4. Effective January 1, 2007.)

Section 1035.2.

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 known as a rape crisis center, whose primary purpose is the rendering of advice or assistance to victims of sexual assault and who has received a certificate evidencing […]

Section 1035.4.

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 counselor in the course of their relationship and in confidence by a means which, so far as the victim is aware, discloses the information to no third persons other […]