(a) Nature of privilege.--
(1) Unless a victim of sexual violence who consults a sexual assault counselor for the purpose of securing advice, counseling or assistance waives the privilege in a signed writing prior to testimony or disclosure, a sexual assault counselor or a coparticipant who is present during sexual assault counseling or advocacy shall not be competent nor permitted to testify, release the records of or to otherwise disclose confidential communications made to or by the counselor by or to the victim. The privilege shall terminate upon the death of the victim.
(2) Neither the sexual assault counselor nor the victim shall waive the privilege of confidential communications by reporting facts of physical or sexual violence under 23 Pa.C.S. Ch. 63 (relating to child protective services), a Federal or State mandatory reporting statute or a local mandatory reporting ordinance.
(b) Scope.--The provisions of this section applicable to the victim of sexual violence shall also apply to a person who seeks advice, counseling or assistance from a sexual assault counselor regarding the victim.
Structure Pennsylvania Consolidated & Unconsolidated Statutes
Pennsylvania Consolidated & Unconsolidated Statutes
Title 42 - JUDICIARY AND JUDICIAL PROCEDURE
Chapter 62A - Protection of Victims of Sexual Violence or Intimidation
Section 62A01 - Scope of chapter
Section 62A02 - Findings and purpose
Section 62A04 - Responsibilities of law enforcement agencies
Section 62A05 - Commencement of proceedings
Section 62A09 - Emergency relief by minor judiciary
Section 62A10 - Sexual assault counselor
Section 62A11 - Disclosure of addresses
Section 62A12 - Arrest for violation of order
Section 62A13 - Private criminal complaints for violation of order or agreement
Section 62A14 - Contempt for violation of order
Section 62A15 - Civil contempt or modification for violation of order or agreement
Section 62A16 - Confidentiality
Section 62A17 - Procedure and other remedies