Conn. Gen. Stat. » Title 52 — CIVIL ACTIONS · Chapter 899 — Evidence
Connecticut General Statutes

Conn. Gen. Stat. § 52-146k (2026)

Privileged communications between victim and domestic violence counselor or sexual assault counselor

✓ current as of May 2026
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(a) As used in this section:

(1) “Domestic violence agency” means any office, shelter, host home or agency offering assistance to victims of domestic violence through crisis intervention, emergency shelter referral and medical and legal advocacy, and which meets the Department of Social Services criteria of service provision for such agencies.

(2) “Domestic violence counselor” means any person engaged in a domestic violence agency (A) who has undergone a minimum of twenty hours of training which shall include, but not be limited to, the dynamics of domestic violence, crisis intervention, communication skills, working with diverse populations, an overview of the state criminal justice system and information about state and community resources for victims of domestic violence, (B) who is certified as a counselor by the domestic violence agency that provided such training, (C) who is under the control of a direct service supervisor of a domestic violence agency, and (D) whose primary purpose is the rendering of advice, counsel and assistance to, and the advocacy of the cause of, victims of domestic violence.

(3) “Confidential communication” means information transmitted between a victim of domestic violence or a victim of a sexual assault and a domestic violence counselor or a sexual assault counselor in the course of that relationship and in confidence by a means which, so far as the victim is aware, does not disclose the information to a third person other than any person who is present to further the interests of the victim in the consultation or any person to whom disclosure is reasonably necessary for the transmission of the information or for the accomplishment of the purposes for which such counselor is consulted, and includes all information received by, and any advice, report or working paper given or made by, such counselor in the course of the relationship with the victim.

(4) “Rape crisis center” means any office, institution or center offering assistance to victims of sexual assault and their families through crisis intervention, medical and legal advocacy and follow-up counseling.

(5) “Sexual assault counselor” means (A) any person engaged in a rape crisis center who (i) has undergone a minimum of twenty hours of training which shall include, but not be limited to, the dynamics of sexual assault and incest, crisis intervention, communication skills, working with diverse populations, an overview of the state criminal justice system, information about hospital and medical systems and information about state and community resources for sexual assault victims, (ii) is certified as a counselor by the sexual assault center which has provided such training, (iii) is under the control of a direct services supervisor of a rape crisis center, and (iv) whose primary purpose is the rendering of advice, counseling and assistance to, and the advocacy of the cause of, victims of sexual assault, or (B) any member of the armed forces of the state or the United States who is trained and certified as a victim advocate or a sexual assault prevention coordinator in accordance with the military's sexual assault prevention and response program.

(6) “Victim” means any person who consults a domestic violence counselor or a sexual assault counselor for the purpose of securing advice, counseling or assistance concerning a mental, physical or emotional condition caused by domestic violence or a sexual assault.

(b) On or after October 1, 1983, a domestic violence counselor or a sexual assault counselor shall not disclose any confidential communications made to such counselor at any time by a victim in any civil or criminal case or proceeding or in any legislative or administrative proceeding unless the victim making the confidential communications waives the privilege, provided under no circumstances shall the location of the domestic violence agency or rape crisis center or the identity of the domestic violence counselor or sexual assault counselor be disclosed in any civil or criminal proceeding. Any request made on or after October 1, 1983, by the defendant or the state for such confidential communications shall be subject to the provisions of this subsection.

(c) When a victim is deceased or has been adjudged incompetent by a court of competent jurisdiction, the guardian of the victim or the executor or administrator of the estate of the victim may waive the privilege established by this section.

(d) A minor may knowingly waive the privilege established by this section. In any instance where the minor is, in the opinion of the court, incapable of knowingly waiving the privilege, the parent or guardian of the minor may waive the privilege on behalf of the minor, provided the parent or guardian is not the defendant and does not have a relationship with the defendant such that the parent or guardian has an interest in the outcome of the proceeding.

(e) The privilege established by this section shall not apply: (1) In matters of proof concerning chain of custody of evidence; (2) in matters of proof concerning the physical appearance of the victim at the time of the injury; or (3) where the domestic violence counselor or sexual assault counselor has knowledge that the victim has given perjured testimony and the defendant or the state has made an offer of proof that perjury may have been committed by the victim.

(f) The failure of any party to testify as a witness pursuant to the provisions of this section shall not result in an inference unfavorable to the state's cause or to the cause of the defendant.

(P.A. 83-429; P.A. 85-112; P.A. 93-262, S. 1, 87; 93-381, S. 9, 39; P.A. 95-257, S. 12, 21, 58; P.A. 12-90, S. 2; 12-197, S. 6; P.A. 13-214, S. 13.)

History: P.A. 85-112 amended Subsec. (b) by adding provision that communications made to counselor at any time are privileged communications on or after October 1, 1983; P.A. 93-262 authorized substitution of commissioner and department of social services for commissioner and department of human resources, effective July 1, 1993; P.A. 93-381 replaced department of health services with department of public health and addiction services, effective July 1, 1993; P.A. 95-257 replaced Commissioner and Department of Public Health and Addiction Services with Commissioner and Department of Public Health, effective July 1, 1995; P.A. 12-90 amended Subsec. (a)(5) to redefine “sexual assault counselor”, effective June 6, 2012; P.A. 12-197 amended Subsec. (a)(4) to redefine “rape crisis center”; P.A. 13-214 amended Subsec. (a) to substitute definition of “domestic violence agency” for definition of “battered women's center” in Subdiv. (1), substitute definition of “domestic violence counselor” for definition of “battered women's counselor” in Subdiv. (2) and substitute references to victims of domestic violence for references to battered women, and made technical and conforming changes.

Cited. 199 C. 693; 200 C. 734; 201 C. 211; 202 C. 259; 204 C. 259; 211 C. 555; 230 C. 43; 240 C. 658; 242 C. 1.

Cited. 8 CA 216; 10 CA 103; 23 CA 509.

Subsec. (b):

Defendant's communication with her counselor made before effective date of act held erroneously admitted at her trial held after the effective date. 204 C. 259.

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Sec. 52-146l. Disclosure of privileged communication by interpreter prohibited. Any confidential communication which is deemed to be privileged under any provision of the general statutes or under the common law made by a person with the assistance of an interpreter shall not be disclosed by such interpreter in any civil or criminal case or proceeding or in any legislative or administrative proceeding, unless the person making the confidential communication waives such privilege.

(P.A. 83-395, S. 1.)

Cited. 211 C. 555.

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Notes of Decisions
Cited in 27 cases, 1986–2018 · leading case: In re Robert H., 509 A.2d 475 (Conn. 1986).
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In re Robert H., 509 A.2d 475 (Conn. 1986). · cites it 37× “The principal issue on this appeal is whether the trial court erred in granting the motion to quash the three respondents’ subpoena that sought records from a sexual assault counselor who assisted the victim at a rape crisis center because of the statutory privilege accorded by…”
State v. Magnano, 528 A.2d 760 (Conn. 1987). · cites it 19× “1 The defendant claims that the trial court erred: (1) in refusing to suppress certain photographs taken and diagrams made during a warrantless entry and search of her premises; and (2) in admitting into evidence communications between the defendant and a battered women’s…”
State v. Lizotte, 517 A.2d 610 (Conn. 1986). · cites it 14× “83-429, subsequently codified as General Statutes § 52-146k. 1 He also claims that the *736 trial court erred in refusing to allow into evidence various school records relating to the credibility of one of the state’s witnesses.”
Bruttomesso v. Ne. Connecticut Sexual Assault Crisis Servs., Inc., 698 A.2d 795 (Conn. 1997). · cites it 11× “The plaintiffs’ claim of certification rests upon General Statutes § 52-146k. 10 We conclude that their reliance *11 is misplaced.”
In re Samantha C., 847 A.2d 883 (Conn. 2004). · cites it 4× “, General Statutes § 46b-138a 18 (no *636 adverse inference may be drawn against accused juvenile for failure to testify in delinquency proceeding); General Statutes § 52-146k (f) 19 (no adverse inference may drawn if battered women’s counselor fails to testify regarding…”
State v. Orr, 969 A.2d 750 (Conn. 2009). · cites it 4× “, General Statutes § 52-146k (battered women's assault counselor-victim confidentiality statute); General Statutes § 52-146l (interpreter-assisted person confidentiality statute); General Statutes § 52-146m (confidence between hearing impaired person and operator of special…”
Edelstein v. Dep't of Pub. Health & Addiction Servs., 692 A.2d 803 (Conn. 1997). · cites it 10× “Magnano involved the application of General Statutes § 52-146k, 7 which creates a privilege for communications made between a victim and a bat *666 tered women’s shelter counselor, to communications made before the statute’s effective date.”
State v. Apostle, 512 A.2d 947 (Conn. App. Ct. 1986). · cites it 6× “, supra, involved the records of a rape crisis center, the confidentiality of which are protected by General Statutes § 52-146k, and the other cases concerned psychiatric records of a patient-witness which may not be disclosed pursuant to General Statutes § 52-146e. Storlazzi…”
State v. Whitaker, 520 A.2d 1018 (Conn. 1987). · cites it 8× “On the designated day, counsel appeared for the coordinator and filed a motion to quash based on General Statutes § 52-146k. 4 Under the provisions of that statute, com *269 munications between a “sexual assault counselor” and a “victim” are confidential and may not be disclosed…”
State v. Norman P., 151 A.3d 877 (Conn. App. Ct. 2016). · cites it 4× “Because the Interval House records are privileged as communications between a victim and a battered woman's or sexual assault counselor; see General Statutes § 52-146k ; the defendant requested during a pretrial motion hearing on December 5, 2014, that the court review the…”
Dir. of Health Affairs Policy Plan. v. Freedom of Info. Comm'n, 977 A.2d 148 (Conn. 2009). · cites it 4× “thereto, or in any legislative or administrative proceeding”); General Statutes § 52-146c (b) (communications between psychologist and patient privileged absent waiver “in civil and criminal actions, in juvenile, probate, commitment and arbitration proceedings, in proceedings…”
State v. Kulmac, 644 A.2d 887 (Conn. 1994). · cites it 2× “2d 475 (1986) (General Statutes § 52-146k); and records of treatment for substance abuse; State v.”
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— Conn. Gen. Stat. § 52-146k(b) — 1 case
Dir. of Health Affairs Policy Plan. v. Freedom of Info. Comm'n, 977 A.2d 148 (Conn. 2009). “thereto, or in any legislative or administrative proceeding”); General Statutes § 52-146c (b) (communications between psychologist and patient privileged absent waiver “in civil and criminal actions, in juvenile, probate, commitment and arbitration proceedings, in proceedings…”
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