§ 90.5035, Fla. Stat. — Sexual Assault Counselor-Victim Privilege
Plain English
Florida protects what a survivor tells a rape-crisis counselor. A victim of sexual assault or battery has a privilege to refuse to disclose — and to prevent anyone else from disclosing — confidential communications made to a sexual assault counselor or trained volunteer at a rape crisis center, along with the records of that counseling and any advice given. Those communications and records may be disclosed only with the victim’s prior written consent. The privilege exists so survivors can seek help and healing without fear that what they say in counseling will be turned against them. The victim holds it (and a counselor may assert it on the victim’s behalf).
From the Courtroom
Defense subpoenas for a survivor’s counseling records are common — and 90.5035 is the wall. Absent the victim’s written consent, those records stay closed. The privilege reflects a deliberate policy: counseling only works if it’s safe, and safety means confidentiality the courtroom will honor.
Key Points & Authority
- § 90.5035(2), Fla. Stat. — A sexual-assault victim may refuse and prevent disclosure of confidential communications to, and records of, a sexual assault counselor or trained volunteer; disclosure requires the victim’s prior written consent.
- Holders (90.5035(3)): the victim (or attorney), a guardian/conservator, a deceased victim’s personal representative, or the counselor on the victim’s behalf.
- Federal note: no numbered FRE counterpart; counselor privileges in federal court are addressed through Fed. R. Evid. 501 common law.
Federal Parallel
There is no numbered federal counterpart. Federal recognition of a sexual-assault-counselor privilege, where it exists, comes through federal common law under Fed. R. Evid. 501; Florida codifies it in § 90.5035.
About this rule walkthrough
Part of The Evidence Code, hosted by John M. Phillips — Board Certified Civil Trial Lawyer, Court TV analyst, admitted in 8 states + 9 federal districts + SCOTUS.
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Educational only — not legal advice.
Rule Text (verbatim from the Florida Supreme Court)
(1) Definitions establish a “rape crisis center,” a “sexual assault counselor,” a “trained volunteer” (30 hours of training, supervised, listed), a “victim” (a person consulting a counselor or trained volunteer regarding a condition caused by a sexual assault/battery, alleged or attempted), and when a communication is “confidential.”
(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 counselor or trained volunteer in the course of that relationship.
(3) The privilege may be claimed by the victim or the victim’s attorney; a guardian or conservator; the personal representative of a deceased victim; or the sexual assault counselor or trained volunteer, but only on behalf of the victim (authority presumed).
Educational reference. Educational only — not legal advice.
What this rule means in plain English
Section 90.5035 gives a sexual-assault victim a privilege over confidential communications to, and records of, a sexual assault counselor or trained volunteer, disclosable only with the victim’s prior written consent.