California § 1035.8. 1035.8. (Amended by Stats. 2006, Ch. 689, Sec. 6.)

California Statutes

§ 1035.8. — 1035.8. (Amended by Stats. 2006, Ch. 689, Sec. 6.)

California § 1035.8.

JurisdictionCalifornia

Code EVIDEvidence Code - EVID

Div. 8.DIVISION 8. PRIVILEGES

Ch. 4.CHAPTER 4. Particular Privileges

Art. 8.5.ARTICLE 8.5. Sexual Assault Counselor-Victim Privilege

This text of California § 1035.8. (1035.8. (Amended by Stats. 2006, Ch. 689, Sec. 6.)) is published on Counsel Stack Legal Research, covering California primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Cal. Evidence Code - EVID Code § 1035.8. (2026).

Text

A victim of a sexual assault, whether or not a party, has a privilege to refuse to disclose, and to prevent another from disclosing, a confidential communication between the victim and a sexual assault counselor if the privilege is claimed by any of the following :

(a)The holder of the privilege;

(b)A person who is authorized to claim the privilege by the holder of the privilege; or

(c)The person who was the sexual assault counselor at the time of the confidential communication, but that person may not claim the privilege if there is no holder of the privilege in existence or if he or she is otherwise instructed by a person authorized to permit disclosure.

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A victim of a sexual assault, whether or not a party, has a privilege to refuse to disclose, and to prevent another from disclosing, a confidential communication between the victim and a sexual assault counselor if the privilege is claimed by any of the following :
(a)
The holder of the privilege;
(b)
A person who is authorized to claim the privilege by the holder of the privilege; or
(c)
The person who was the sexual assault counselor at the time of the confidential communication, but that person may not claim the privilege if there is no holder of the privilege in existence or if he or she is otherwise instructed by a person authorized to permit disclosure.