Section 18.66.200. Compulsory disclosure of communications prohibited.

   (a) Except as provided in AS 18.66.210 or 18.66.220, a victim or victim counselor may not be compelled, without appropriate consent, to give testimony or to produce records concerning confidential communications for any purpose in a criminal, civil, legislative, or administrative proceeding. In this subsection, "appropriate consent" means
        (1) the consent of the victim with respect to the testimony of
             (A) an adult victim; and
             (B) a victim counselor when the victim is an adult;
        (2) the consent of the victim's parent, legal guardian, or guardian ad litem with respect to the testimony of a
             (A) victim who is a minor or incompetent to testify; and
             (B) victim counselor when the victim is a minor or incompetent to testify.
   (b) Either party may apply for appointment of a guardian ad litem for purposes of (a)(2) of this section.
   (c) A victim or victim counselor may not be compelled to provide testimony in a civil, criminal, or administrative proceeding that would identify the name, address, location, or telephone number of a safe house, abuse shelter, or other facility that provided temporary emergency shelter to the victim of the offense or transaction that is the subject of the proceeding, or the name, address, or telephone number of a victim counselor, unless the court or hearing officer determines that the information is necessary and relevant to the facts of the case.
   (d) Notwithstanding (a) of this section,
        (1) a minor may waive the privilege provided under (a) of this section and testify or give consent for a victim counselor to testify if the court determines that the minor is capable of knowingly waiving the privilege;
        (2) a parent or legal guardian may not, on behalf of a minor, waive the privilege provided under (a) of this section with respect to the minor's testimony or the testimony of a victim counselor if
             (A) the parent or legal guardian has been charged with a crime against the minor;
             (B) a protective order or restraining order has been entered against the parent or legal guardian on request of or on behalf of the minor; or
             (C) the parent or legal guardian otherwise has an interest adverse to that of the minor with respect to the waiver of privilege.

Authorities

9.25.400;12.45.049;18.66.210;18.66.220;18.66.230;18.66.250;24.65.130;25.35.100

Notes

References

AS 9.25.400 .400">Sec. 09.25.400. Privilege relating to domestic violence and sexual assault counseling.
AS 12.45.049 Privilege relating to domestic violence and sexual assault counseling.
AS 18.66.210 Exceptions.
AS 18.66.220 Waiver.
AS 18.66.230 Inference from claim of privilege; instruction.
AS 18.66.250 Definitions.
AS 24.65.130 Powers.
AS 25.35.100

History

(Sec. 3 ch 95 SLA 1992)