173-C:1 Definitions. – In this chapter: I. " Confidential communication " means information transmitted between a victim, as defined in paragraph VI, of an alleged sexual assault, alleged domestic abuse, alleged sexual harassment, or alleged stalking, and a sexual assault or domestic violence counselor in the course of that relationship and in confidence by […]
173-C:10 Counselor’s Duty to Report Child Abuse. – The domestic violence or sexual assault counselor shall have the same reporting duties under RSA 169-C:29 as other professionals, providing that this duty shall not apply where a minor is seeking relief pursuant to RSA 173-B:3 for abuse by a spouse or former spouse of the […]
173-C:2 Privilege. – I. A victim has the privilege to refuse to disclose and to prevent any other person from disclosing a confidential communication made by the victim to a sexual assault counselor or a domestic violence counselor, including any record made in the course of support, counseling, or assistance of the victim. Any […]
173-C:3 Assertion or Waiver of Privilege. – The privilege may be claimed or waived in all civil, administrative, and criminal legal proceedings, including discovery proceedings, by the following persons: I. The victim or an attorney on the victim’s behalf. II. The guardian of the victim, if the victim has been found incompetent by a […]
173-C:4 Partial Waiver. – Waiver as to a specific portion of communication between the victim and the counselor shall not constitute a waiver of the privilege as to other portions of the confidential communication between victim and counselor, relating to the alleged crime. Source. 1985, 98:1, eff. May 10, 1985.
173-C:5 Limitation on the Privilege; Criminal Proceedings. – In criminal proceedings when a defendant seeks information privileged under this chapter in discovery or at trial, the procedure below shall be followed: I. A written pretrial motion shall be made by the defendant to the court stating that the defendant seeks discovery of records of […]
173-C:6 Locations of Centers Privileged. – Notwithstanding any other provisions of this chapter, the location and the street address of a rape crisis center or domestic violence center are absolutely privileged. Source. 1985, 98:1, eff. May 10, 1985.
173-C:7 Involuntary Waiver. – The privilege established by this chapter shall not apply when the sexual assault counselor or the domestic violence counselor has knowledge that the victim has given perjured testimony and when the defendant has made an offer of proof that there is probable cause to believe that perjury has been committed. […]
173-C:8 Failure to Testify. – Failure of any person to testify as a witness pursuant to the provisions of this chapter shall not give rise to an inference unfavorable to the prosecution or the defense. Source. 1985, 98:1, eff. May 10, 1985.
173-C:9 Appeal. – The victim shall have a right to interlocutory appeal to the supreme court from any decision by a court to require the disclosure of records or testimony of a rape crisis or domestic violence center or sexual assault or domestic violence counselor. Source. 1985, 98:1, eff. May 10, 1985.
