Fla. Stat. 90.5035
Sexual assault counselor-victim privilege


(1)

For purposes of this section:A “rape crisis center” is any public or private agency that offers assistance to victims of sexual assault or sexual battery and their families.A “sexual assault counselor” is any employee of a rape crisis center whose primary purpose is the rendering of advice, counseling, or assistance to victims of sexual assault or sexual battery.A “trained volunteer” is a person who volunteers at a rape crisis center, has completed 30 hours of training in assisting victims of sexual violence and related topics provided by the rape crisis center, is supervised by members of the staff of the rape crisis center, and is included on a list of volunteers that is maintained by the rape crisis center.A “victim” is a person who consults a sexual assault counselor or a trained volunteer for the purpose of securing advice, counseling, or assistance concerning a mental, physical, or emotional condition caused by a sexual assault or sexual battery, an alleged sexual assault or sexual battery, or an attempted sexual assault or sexual battery.A communication between a sexual assault counselor or trained volunteer and a victim is “confidential” if it is not intended to be disclosed to third persons other than:
Those persons present to further the interest of the victim in the consultation, examination, or interview.
Those persons necessary for the transmission of the communication.
Those persons to whom disclosure is reasonably necessary to accomplish the purposes for which the sexual assault counselor or the trained volunteer is consulted.

(a)

A “rape crisis center” is any public or private agency that offers assistance to victims of sexual assault or sexual battery and their families.

(b)

A “sexual assault counselor” is any employee of a rape crisis center whose primary purpose is the rendering of advice, counseling, or assistance to victims of sexual assault or sexual battery.

(c)

A “trained volunteer” is a person who volunteers at a rape crisis center, has completed 30 hours of training in assisting victims of sexual violence and related topics provided by the rape crisis center, is supervised by members of the staff of the rape crisis center, and is included on a list of volunteers that is maintained by the rape crisis center.

(d)

A “victim” is a person who consults a sexual assault counselor or a trained volunteer for the purpose of securing advice, counseling, or assistance concerning a mental, physical, or emotional condition caused by a sexual assault or sexual battery, an alleged sexual assault or sexual battery, or an attempted sexual assault or sexual battery.

(e)

A communication between a sexual assault counselor or trained volunteer and a victim is “confidential” if it is not intended to be disclosed to third persons other than:Those persons present to further the interest of the victim in the consultation, examination, or interview.Those persons necessary for the transmission of the communication.Those persons to whom disclosure is reasonably necessary to accomplish the purposes for which the sexual assault counselor or the trained volunteer is consulted.
1. Those persons present to further the interest of the victim in the consultation, examination, or interview.
2. Those persons necessary for the transmission of the communication.
3. Those persons to whom disclosure is reasonably necessary to accomplish the purposes for which the sexual assault counselor or the trained volunteer is consulted.

(2)

A victim has a privilege to refuse to disclose, and to prevent any other person from disclosing, a confidential communication made by the victim to a sexual assault counselor or trained volunteer or any record made in the course of advising, counseling, or assisting the victim. Such confidential communication or record may be disclosed only with the prior written consent of the victim. This privilege includes any advice given by the sexual assault counselor or trained volunteer in the course of that relationship.

(3)

The privilege may be claimed by:The victim or the victim’s attorney on his or her behalf.A guardian or conservator of the victim.The personal representative of a deceased victim.The sexual assault counselor or trained volunteer, but only on behalf of the victim. The authority of a sexual assault counselor or trained volunteer to claim the privilege is presumed in the absence of evidence to the contrary.

(a)

The victim or the victim’s attorney on his or her behalf.

(b)

A guardian or conservator of the victim.

(c)

The personal representative of a deceased victim.

(d)

The sexual assault counselor or trained volunteer, but only on behalf of the victim. The authority of a sexual assault counselor or trained volunteer to claim the privilege is presumed in the absence of evidence to the contrary.

Source: Section 90.5035 — Sexual assault counselor-victim privilege, https://www.­flsenate.­gov/Laws/Statutes/2024/0090.­5035 (accessed Aug. 7, 2025).

90.91
Photographs of property wrongfully taken
90.101
Short title
90.102
Construction
90.103
Scope
90.104
Rulings on evidence
90.105
Preliminary questions
90.106
Summing up and comment by judge
90.107
Limited admissibility
90.108
Introduction of related writings or recorded statements
90.201
Matters which must be judicially noticed
90.202
Matters which may be judicially noticed
90.203
Compulsory judicial notice upon request
90.204
Determination of propriety of judicial notice and nature of matter noticed
90.205
Denial of a request for judicial notice
90.206
Instructing jury on judicial notice
90.207
Judicial notice by trial court in subsequent proceedings
90.301
Presumption defined
90.302
Classification of rebuttable presumptions
90.303
Presumption affecting the burden of producing evidence defined
90.304
Presumption affecting the burden of proof defined
90.401
Definition of relevant evidence
90.402
Admissibility of relevant evidence
90.403
Exclusion on grounds of prejudice or confusion
90.404
Character evidence
90.405
Methods of proving character
90.406
Routine practice
90.407
Subsequent remedial measures
90.408
Compromise and offers to compromise
90.409
Payment of medical and similar expenses
90.410
Offer to plead guilty
90.501
Privileges recognized only as provided
90.502
Lawyer-client privilege
90.503
Psychotherapist-patient privilege
90.504
Husband-wife privilege
90.505
Privilege with respect to communications to clergy
90.506
Privilege with respect to trade secrets
90.507
Waiver of privilege by voluntary disclosure
90.508
Privileged matter disclosed under compulsion or without opportunity to claim privilege
90.509
Application of privileged communication
90.510
Privileged communication necessary to adverse party
90.601
General rule of competency
90.603
Disqualification of witness
90.604
Lack of personal knowledge
90.605
Oath or affirmation of witness
90.606
Interpreters and translators
90.607
Competency of certain persons as witnesses
90.608
Who may impeach
90.609
Character of witness as impeachment
90.610
Conviction of certain crimes as impeachment
90.611
Religious beliefs or opinions
90.612
Mode and order of interrogation and presentation
90.613
Refreshing the memory of a witness
90.614
Prior statements of witnesses
90.615
Calling witnesses by the court
90.616
Exclusion of witnesses
90.701
Opinion testimony of lay witnesses
90.702
Testimony by experts
90.703
Opinion on ultimate issue
90.704
Basis of opinion testimony by experts
90.705
Disclosure of facts or data underlying expert opinion
90.706
Authoritativeness of literature for use in cross-examination
90.801
Hearsay
90.802
Hearsay rule
90.803
Hearsay exceptions
90.804
Hearsay exceptions
90.805
Hearsay within hearsay
90.806
Attacking and supporting credibility of declarant
90.901
Requirement of authentication or identification
90.902
Self-authentication
90.903
Testimony of subscribing witness unnecessary
90.951
Definitions
90.952
Requirement of originals
90.953
Admissibility of duplicates
90.954
Admissibility of other evidence of contents
90.955
Public records
90.956
Summaries
90.957
Testimony or written admissions of a party
90.958
Functions of court and jury
90.2035
Judicial notice of information taken from web mapping services, global satellite imaging sites, or Internet mapping tools
90.4025
Admissibility of paternity determination in certain criminal prosecutions
90.4026
Statements expressing sympathy
90.5015
Journalist’s privilege
90.5021
Fiduciary lawyer-client privilege
90.5035
Sexual assault counselor-victim privilege
90.5036
Domestic violence advocate-victim privilege
90.5037
Human trafficking victim advocate-victim privilege
90.5055
Accountant-client privilege
90.6063
Interpreter services for deaf persons

Current through Fall 2025

§ 90.5035. Sexual assault counselor-victim privilege's source at flsenate​.gov