§ 16 §53-A — Privileged communications to sexual assault counselors

Maine § 16 §53-A

• Jurisdiction: Maine
• Title 16: COURT PROCEDURE -- EVIDENCE
• Ch. 1: WITNESSES

Text

1.
Definitions.
As used in this section, unless the context otherwise indicates, the following terms have the following meanings.
2.
Privileged communications.
Except with regard to reporting, cooperating in an investigation or giving evidence pursuant to Title 22, chapter 958‑A or 1071, or except at the request, or with the consent of, the victim of sexual assault, a sexual assault counselor may not be required to testify in any civil or criminal action, suit or proceeding at law or in equity about any information that the sexual assault counselor may have acquired in providing sexual assault counseling services. A sexual assault counselor or a rape crisis center may not be required to disclose to the court any records, notes, memoranda or documents containing confidential communications. When a court in the exercise of sound discretion determines the disclosure necessary to the proper administration of justice, information communicated to, or otherwise learned by, that sexual assault counselor in connection with the provision of sexual assault counseling services is not privileged and disclosure may be required.
3.
Confidential criminal history record information.
A Maine criminal justice agency, whether directly or through any intermediary, may disseminate confidential criminal history record information to a sexual assault counselor for the purpose of planning for the safety of a victim of sexual assault. A sexual assault counselor who receives confidential criminal history record information pursuant to this subsection shall use it solely for the purpose authorized by this subsection and may not further disseminate the information.

Legislative History

PL 1983, c. 319 (NEW). PL 2007, c. 577, §1 (AMD). PL 2013, c. 588, Pt. E, §§8, 9 (AMD). RR 2013, c. 2, §29 (COR).