(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).
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Title 42 - JUDICIARY AND JUDICIAL PROCEDURE
Chapter 59 - Depositions and Witnesses
Section 5902 - Effect of religious beliefs
Section 5903 - Compensation and expenses of witnesses
Section 5904 - Subpoena of witnesses
Section 5911 - Competency of witnesses generally
Section 5912 - Effect of prior convictions
Section 5913 - Spouses as witnesses against each other
Section 5914 - Confidential communications between spouses
Section 5915 - Testimony by spouse in rebuttal
Section 5916 - Confidential communications to attorney
Section 5917 - Notes of evidence at former trial
Section 5918 - Examination of defendant as to other offenses
Section 5919 - Depositions in criminal matters
Section 5920 - Expert testimony in certain criminal proceedings
Section 5921 - Interest not to disqualify
Section 5922 - Disqualification by perjury
Section 5923 - Confidential communications between spouses
Section 5924 - Spouses as witnesses against each other
Section 5925 - Testimony by married person against spouse in rebuttal
Section 5926 - Testimony by spouse after attack on character or conduct
Section 5927 - Actions by spouse to recover separate property
Section 5928 - Confidential communications to attorney
Section 5929 - Physicians not to disclose information
Section 5930 - Surviving party as witness, in case of death, mental incapacity, etc
Section 5931 - Incompetent witnesses
Section 5933 - Competency of surviving party
Section 5934 - Notes of evidence at former trial
Section 5935 - Examination of person adversely interested
Section 5936 - Medical testimony by deposition
Section 5941 - Persons who may be compelled to testify
Section 5942 - Confidential communications to news reporters
Section 5943 - Confidential communications to clergymen
Section 5944 - Confidential communications to psychiatrists or licensed psychologists
Section 5945 - Confidential communications to school personnel
Section 5945.1 - Confidential communications with sexual assault counselors.
Section 5945.2 - Confidential communications to crime stopper or similar anticrime program
Section 5945.3 - Confidential communications with human trafficking caseworkers
Section 5946 - Competency of certain witnesses where political subdivision is a party
Section 5947 - Immunity of witnesses
Section 5948 - Confidential communications to qualified professionals
Section 5949 - Confidential mediation communications and documents
Section 5950 - Confidential communications involving law enforcement officers
Section 5952 - Confidential communications to peer support members
Section 5961 - Short title of subchapter
Section 5963 - Summoning witness in this Commonwealth to testify in another state
Section 5964 - Witness from another state summoned to testify in this Commonwealth
Section 5965 - Exemption from arrest and service of process
Section 5971 - Short title of subchapter
Section 5973 - Scope of subchapter
Section 5974 - Summoning prisoner in this Commonwealth to testify in another state
Section 5976 - Terms and conditions
Section 5977 - Prisoner from another state summoned to testify in this Commonwealth
Section 5979 - Exemption from arrest and service of process
Section 5981 - Declaration of policy
Section 5983 - Rights and services
Section 5984 - Videotaped depositions (Repealed)
Section 5984.1 - Recorded testimony
Section 5985 - Testimony by contemporaneous alternative method
Section 5985.1 - Admissibility of certain statements
Section 5988 - Victims of sexual or physical abuse