§ 12-2240 — Sexual assault victim advocate; privilege; exception; training; supervision; definition

A. In a civil action, a sexual assault victim advocate shall not be examined as to any communication made by the sexual assault victim to the sexual assault victim advocate.

B. This section does not apply to:

1. A civil action brought pursuant to title 36, chapter 37, relating to the civil commitment of sexually violent persons.

2. A sexual assault victim advocate's duty to report pursuant to section 13-3620.

C. Unless the sexual assault program or service provider has immunity under other provisions of law, the communication is not privileged if the sexual assault victim advocate knows or should have known that the victim will give or has given perjurious statements or statements that would tend to disprove the existence of sexual assault.

D. A party to an action may make a motion for disclosure of privileged information under this section and, if the court finds reasonable cause, the court shall hold a hearing in camera as to whether the privilege should apply.

E. To qualify for the privilege prescribed in this section, a sexual assault victim advocate must have at least thirty hours of training in assisting victims of sexual assault. A portion of this training must include an explanation of privileged communication and the reporting requirements prescribed in section 13-3620. The training may be provided by the sexual assault program or service provider or by an outside agency that issues a certificate of completion. The records custodian of the sexual assault program or service provider must maintain the training documents.

F. A sexual assault victim advocate who is a volunteer shall perform all activities under qualified supervision.

G. For the purposes of this section, "sexual assault victim advocate" means a person who is an employee of or volunteer at a sexual assault program or service provider for victims of sexual assault and who meets the training requirements of this section.