Victim advocates would protect victims’ private communications and service records

Victim advocates must keep private communications and service records confidential. It covers communications victims make to seek or receive help and records advocates keep while providing victim services. The protection does not apply when disclosure is otherwise required by law or one of the listed exceptions applies. The privilege ends when the victim signs a written waiver or dies; it continues if the victim cannot be reached.

A victim or authorized person may claim the privilege on the victim’s behalf. The privilege covers victims as defined in the text, including people seeking help for abuse, sexual offenses, trafficking, stalking, or domestic violence. A parent, guardian, or custodian may claim it only for a victim unable to meaningfully understand or take part because of age or disability, and not if that person is the defendant or has a conflicting interest. An advocate may claim it only for the victim.

A court may review and order disclosure of specific records in a criminal case. This process applies in criminal proceedings when the defendant asks the court to review communications or records protected by the privilege. The defendant must first seek the victim’s consent and make specific, plausible showings that the material is unavailable elsewhere, relevant and important to the defense, and not sought on speculation. The court must find the material’s value outweighs effects on victim and advocate safety; after private review, it may disclose relevant material, including redacted parts.