Admissibility of Evidence - Privilege - Rape crisis counselor - client Privilege - Civil Practice Law and Rules § 4510.
A rape crisis counselor may not disclose, or be allowed to disclose a confidential communication made by his client to him or the advice he has given his client in the course of his services. The privilege extends to any clerk, stenographer or other person working for the same program as the rape crisis counselor or for the rape crisis counselor. Records made in the course of the services given to the client or recording of any communications made by or to a client may not be disclosed. The privilege may be waived by the client, the personal representative of a deceased client, or, in the case of a client who has been adjudicated incompetent or for whom a conservator has been appointed, the committee or conservator.[1]
A rape crisis counselor[2] is not required to disclose a communication made by his or her client to him or her, or advice given thereon, in the course of his or her services nor may any clerk, stenographer or other person working for the same program as the rape crisis counselor or for the rape crisis counselor be allowed to disclose any such communication or advice given thereon nor shall any records made in the course of the services given to the client or recording of any communications made by or to a client be required to be disclosed, nor shall nor shall the client be compelled to disclose such communication or records. [3]
However, a rape crisis counselor may disclose whatever confidential communication the client authorizes him to disclose. A rape crisis counselor is not "required" to treat as confidential a communication by a client which reveals the intent to commit a crime or harmful act. The privilege may only be waived by the client, the personal representative of a deceased client, or, in the case of a client who has been adjudicated incompetent or for whom a conservator has been appointed, the committee or conservator. (If yes)A client who, for the purposes of obtaining compensation under article twenty-two of the executive law or insurance benefits, authorizes the disclosure of any privileged communication to an employee of the crime victims board or an insurance representative is not deemed to have waived the privilege.[4]
[1] Civil Practice Law and Rules § 4510.
[2] “Rape crisis program” means any office, institution or center which has been approved pursuant to subdivision fifteen of section two hundred six of the public health law, offering counseling and assistance to clients concerning sexual offenses, sexual abuses or incest. “Rape crisis counselor” means any person who has been certified by an approved rape crisis program as having satisfied the training standards specified in subdivision fifteen of section two hundred six of the public health law, and who, regardless of compensation, is acting under the direction and supervision of an approved rape crisis program. CPLR § 4510(a)
[3] Civil Practice Law and Rules § 4510.
[4] Civil Practice Law and Rules § 4510.
A rape crisis counselor may not disclose, or be allowed to disclose a confidential communication made by his client to him or the advice he has given his client in the course of his services. The privilege extends to any clerk, stenographer or other person working for the same program as the rape crisis counselor or for the rape crisis counselor. Records made in the course of the services given to the client or recording of any communications made by or to a client may not be disclosed. The privilege may be waived by the client, the personal representative of a deceased client, or, in the case of a client who has been adjudicated incompetent or for whom a conservator has been appointed, the committee or conservator.[1]
A rape crisis counselor[2] is not required to disclose a communication made by his or her client to him or her, or advice given thereon, in the course of his or her services nor may any clerk, stenographer or other person working for the same program as the rape crisis counselor or for the rape crisis counselor be allowed to disclose any such communication or advice given thereon nor shall any records made in the course of the services given to the client or recording of any communications made by or to a client be required to be disclosed, nor shall nor shall the client be compelled to disclose such communication or records. [3]
However, a rape crisis counselor may disclose whatever confidential communication the client authorizes him to disclose. A rape crisis counselor is not "required" to treat as confidential a communication by a client which reveals the intent to commit a crime or harmful act. The privilege may only be waived by the client, the personal representative of a deceased client, or, in the case of a client who has been adjudicated incompetent or for whom a conservator has been appointed, the committee or conservator. (If yes)A client who, for the purposes of obtaining compensation under article twenty-two of the executive law or insurance benefits, authorizes the disclosure of any privileged communication to an employee of the crime victims board or an insurance representative is not deemed to have waived the privilege.[4]
[1] Civil Practice Law and Rules § 4510.
[2] “Rape crisis program” means any office, institution or center which has been approved pursuant to subdivision fifteen of section two hundred six of the public health law, offering counseling and assistance to clients concerning sexual offenses, sexual abuses or incest. “Rape crisis counselor” means any person who has been certified by an approved rape crisis program as having satisfied the training standards specified in subdivision fifteen of section two hundred six of the public health law, and who, regardless of compensation, is acting under the direction and supervision of an approved rape crisis program. CPLR § 4510(a)
[3] Civil Practice Law and Rules § 4510.
[4] Civil Practice Law and Rules § 4510.
The material on our website is from the New York Matrimonial Trial Handbook , by Joel R. Brandes of the New York Bar. It focuses on the procedural and substantive law, as well as the law of evidence, that an attorney must have at his or her fingertips when trying a New York matrimonial action or custody case. It is intended to be an aide for preparing for a trial and as a reference for the procedure in offering and objecting to evidence during a trial. There are numerous questions for the examination and cross-examination of witnesses.
Joel R. Brandes Consulting Services, Inc. publishes The New York Matrimonial Trial Handbook . It is available in Bookstores, and online in the print edition at Amazon, Barnes & Noble, Goodreads and other online book sellers.
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The New York Matrimonial Trial Handbook is available in Kindle ebook editions and epub ebook editions for all ebook readers in our website bookstore and in hard cover at our Bookbaby Bookstore.
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This website is published by Joel R. Brandes Consulting Services, Inc., and written by Joel R. Brandes of The Law Firm of Joel R. Brandes. P.C. Mr. Brandes has been recognized by the Appellate Division* as a "noted authority and expert on New York family law and divorce.” He is the author of the treatise Law and The Family New York, 2d (9 volumes),Law and the Family New York Forms 2d (5 Volumes), Law and the Family New York Forms 2019 Edition (5 volumes)(Thomson Reuters), and the New York Matrimonial Trial Handbook. Click here to visit New York Divorce and Family Law ™ the definitive site on the web for New York divorce and family law, presented by Joel R. Brandes of the Law Firm of Joel R. Brandes, P.C., 43 West 43rd Street, New York, New York 10036. (212) 859-5079.
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