NCJ Number
106336
Journal
Women's Rights Law Reporter Volume: 8 Issue: 3 Dated: (Summer 1985) Pages: 185-196
Date Published
1985
Length
12 pages
Annotation
This paper examines arguments for and against extending a privilege of confidentiality to rape crisis counselors, discussing the role of rape crisis counselors and counseling centers, the unique effect sexual assaults have upon victims, the truth-seeking function of the judicial system, the defendant's rights, and the law of privileges.
Abstract
The rape crisis counselor-victim relationship serves important societal functions by providing needed professional help to victims that frequently is not available from family, friends, or even medical personnel. Confidentiality is necessary to full and satisfactory maintenance of the relationship, and breach of that confidentiality would both impede victim recovery and violate the woman's right to privacy. A review of the law of privileges shows that rape crisis counselor communications fulfill the prerequisites for protection by privilege. Weighing against these factors is concern that withholding the communications will result in a violation of defendant's sixth amendment rights. The relationship between a rape crisis counselor and her client is comparable to that between a psychotherapist and a patient. Courts and legislatures increasingly are extending the protection of testimonial privilege to the psychotherapeutic relationship. Moreover, lack of confidentiality protections could impede the victim's cooperation with the prosecution. Failure to grant a privilege would yield little benefit to defendants, but would cause substantial injury to rape victims. Therefore, the balance must fall in favor of creating the privilege. 118 footnotes.