Florida Statute 90.5035 | Lawyer Caselaw & Research

The 2024 Florida Statutes

Title VII
EVIDENCE

Chapter 90
EVIDENCE CODE

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F.S. 90.5035

90.5035 Sexual assault counselor-victim privilege.—

(1) For purposes of this section:

(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:

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:

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

(b) A guardian or conservator of the 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.

History.—s. 1, ch. 83-284; s. 476, ch. 95-147; s. 1, ch. 2002-246.

F.S. 90.5035 on Google Scholar

F.S. 90.5035 on Casetext

Amendments to 90.5035

Arrestable Offenses / Crimes under Fla. Stat. 90.5035

Level: Degree
Misdemeanor/Felony: First/Second/Third

Current data shows no reason an arrest or criminal charge should have occurred directly under Florida Statute 90.5035.

Annotations, Discussions, Cases:

Cases Citing Statute 90.5035

Total Results: 11

State v. Avery Topps

Court: Fla. Dist. Ct. App. | Date Filed: 2014-07-30T00:00:00-07:00

Citation: 142 So. 3d 978, 2014 WL 3730009, 2014 Fla. App. LEXIS 11606

Snippet: (c)l., 2.), sexual assault counselor-victim (§ 90.5035(l)(e)l., 2., 3.), domestic violence advocate-victim

Florida Hosp. Waterman, Inc. v. Buster

Court: Fla. | Date Filed: 2008-03-06T00:00:00-08:00

Citation: 984 So. 2d 478

Snippet: providing for psychotherapist-patient privilege); § 90.5035, Fla. Stat. (2006) (providing for sexual assault

Amendments to the Florida Evidence Code

Court: Fla. | Date Filed: 2004-12-09T00:00:00-08:00

Citation: 891 So. 2d 1037, 29 Fla. L. Weekly Supp. 787, 2004 Fla. LEXIS 2244, 2004 WL 2814287

Snippet: Laws of Florida, the Legislature amended section 90.5035, Florida Statutes, to expand the sexual assault

State v. Roberson

Court: Fla. Dist. Ct. App. | Date Filed: 2004-09-17T00:53:00-07:00

Citation: 884 So. 2d 976

Snippet: counselor and a victim made confidential by section 90.5035, Florida Statutes, are subject to an in camera

Ago

Court: Fla. Att'y Gen. | Date Filed: 2003-12-14T23:53:00-08:00

Snippet: or sexual assault counselor, as defined in s. 90.5035(1)(b), who will be offering services to the victim

Pinnell v. State

Court: Fla. Dist. Ct. App. | Date Filed: 2003-02-05T00:00:00-08:00

Citation: 838 So. 2d 596, 2003 Fla. App. LEXIS 1150, 2003 WL 252112

Snippet: counselor-victim privilege created by section 90.5035, Florida Statutes. That section provides, in part…counselor in the course of that relationship.” § 90.5035(l)(a),(b),(2), Fla. Stat. (1999). The trial court

State v. Famiglietti

Court: Fla. Dist. Ct. App. | Date Filed: 2002-05-08T00:53:00-07:00

Citation: 817 So. 2d 901

Snippet: otherwise be immune from disclosure under section 90.5035, Florida Statutes (2001), which creates the sexual…confidential communications or records under section 90.5035, a defendant must first establish a reasonable

State v. Famiglietti

Court: Fla. Dist. Ct. App. | Date Filed: 2001-06-27T00:53:00-07:00

Citation: 817 So. 2d 915

Snippet: disclosure of communications protected by section 90.5035, Florida Statutes (1995), the sexual assault counselor-victim…said: Disclosure of material protected by section 90.5035 undermines the reasons for the privilege. The privacy…confidential communications or records under section 90.5035, a defendant must first establish a reasonable …previous decision in Pinder, explained that section 90.5035 provides an absolute privilege "because the

Katlein v. State

Court: Fla. Dist. Ct. App. | Date Filed: 1999-04-07T00:53:00-07:00

Citation: 731 So. 2d 87

Snippet: information is absolutely privileged under section 90.5035, Florida Statutes (1995), because the statute contains

Gerheiser v. Stephens

Court: Fla. Dist. Ct. App. | Date Filed: 1998-07-08T00:53:00-07:00

Citation: 712 So. 2d 1252

Snippet: confidential communications or records under section 90.5035 [codifying the sexual assault counselor-victim

State v. Pinder

Court: Fla. Dist. Ct. App. | Date Filed: 1996-07-22T00:53:00-07:00

Citation: 678 So. 2d 410

Snippet: disclosure of communications protected by section 90.5035, Florida Statutes (1995), we grant the writ and…assault counselor-victim privilege under section 90.5035, Florida Statutes (1995).[3] Pinder moved to compel…camera proceeding was not to circumvent the section 90.5035 privilege, but to determine the existence of "…Privilege, 17 Cardozo L.Rev. 141, 146 (1995). Section 90.5035 contains no exceptions or limitations, no balancing…privileges contained in chapter 90, only section 90.5035 and the clergyman's privilege contain no exceptions