Florida Florida Statutes
§ 90.5035 — Sexual assault counselor-victim privilege
FS § 90.5035Ch. 90
Statute text
View on source(1)For purposes of this section:(a) A “rape crisis center” is any public or private agency that offers assistance to victims of sexual assault or sexual battery and their families.
(b)A “sexual assault counselor” is any employee of a rape crisis center whose primary purpose is the rendering of advice, counseling, or assistance to victims of sexual assault or sexual battery.
(c)A “trained volunteer” is a person who volunteers at a rape crisis center, has completed 30 hours of training in assisting victims of sexual violence and related topics provided by the rape crisis center, is supervised by members of the staff of the rape crisis center, and is included on a list of volunteers that is maintained by the rape crisis center.
(d)A “victim” is a person who consults a sexual assault counselor or a trained volunteer for the purpose of securing advice, counseling, or assistance concerning a mental, physical, or emotional condition caused by a sexual assault or sexual battery, an alleged sexual assault or sexual battery, or an attempted sexual assault or sexual battery.
(e)A communication between a sexual assault counselor or trained volunteer and a victim is “confidential” if it is not intended to be disclosed to third persons other than:1. Those persons present to further the interest of the victim in the consultation, examination, or interview. 2. Those persons necessary for the transmission of the communication. 3. Those persons to whom disclosure is reasonably necessary to accomplish the purposes for which the sexual assault counselor or the trained volunteer is consulted.
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Legislative history
s. 7, ch. 95-187; s. 127, ch. 98-403.