90.5035
Sexual assault counselor-victim privilege.
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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.
(c) The personal representative of a deceased 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.
Notes of Decisions
Cited in 12
cases (1 in the last 5 years), 1996–2025 · leading case: State v. Pinder
State v. Pinder (1996)
“Because neither due process nor the Sixth Amendment require disclosure of communications protected by section 90.5035, Florida Statutes (1995), we grant the writ and quash the order under review.”
Florida Hosp. Waterman, Inc. v. Buster (2008)
“(2006) (providing for psychotherapist-patient privilege); § 90.5035, Fla. Stat. (2006) (providing for sexual assault counselor-victim privilege); § 90.”
State v. Famiglietti (2002)
“Those records would otherwise be immune from disclosure under section 90.5035, Florida Statutes (2001), which creates the sexual assault counselor-victim privilege.”
State v. Roberson (2004)
“[2] In Pinder the Fourth District held that records or communications between a sexual assault counselor and a victim made confidential by section 90.5035, Florida Statutes, are subject to an in camera review, and are ultimately subject to discovery if the defendant establishes…”
Amendments to the Florida Evidence Code (2004)
“In chapter 2002-246, section 1, Laws of Florida, the Legislature amended section 90.5035, Florida Statutes, to expand the sexual assault counselor-victim privilege to include trained volunteers and to provide a specific definition for a trained volunteer.”
Katlein v. State (1999)
“That information is absolutely privileged under section 90.5035, Florida Statutes (1995), because the statute contains no exceptions.”
Gerheiser v. Stephens (1998)
“To obtain in camera review of confidential communications or records under section 90.5035 [codifying the sexual assault counselor-victim privilege], a defendant must first establish a reasonable probability that the privileged matters contain material information necessary to…”
Doe v. Old Dominion Univ. (2018)
“§ 14-312 (West 2017) ; Fla. Stat. Ann. § 90.5035 (2) (West 2017); Ga.”
State v. Famiglietti (2001)
“4th DCA 1996), the Fourth District Court of Appeal addressed the issue of disclosure of communications protected by section 90.5035, Florida Statutes (1995), the sexual assault counselor-victim privilege.”
State v. Avery Topps (2014)
“), sexual assault counselor-victim (§ 90.5035(l)(e)l., 2., 3.), domestic violence advocate-victim (§ 90.”
Jeff Scott v. State of Florida (2025)
“(2015); § 90.5035(2), Fla. Stat. (2015); § 90.801(1)(c), Fla.”
Pinnell v. State (2003)
“Pinnell asserts that the trial court reversibly erred by determining that a PACE 1 social worker could not be questioned about a conversation with the victim as the conversation fell within the sexual assault counselor-victim privilege created by section 90.5035, Florida…”
— 90.5035(1)(c) — 1 case
State v. Pinder (1996)
“Because neither due process nor the Sixth Amendment require disclosure of communications protected by section 90.5035, Florida Statutes (1995), we grant the writ and quash the order under review.”
— 90.5035(2) — 1 case
Jeff Scott v. State of Florida (2025)
“(2015); § 90.5035(2), Fla. Stat. (2015); § 90.801(1)(c), Fla.”
— 90.5035(l)(a) — 1 case
Pinnell v. State (2003)
“Pinnell asserts that the trial court reversibly erred by determining that a PACE 1 social worker could not be questioned about a conversation with the victim as the conversation fell within the sexual assault counselor-victim privilege created by section 90.5035, Florida…”
— 90.5035(l)(e) — 1 case
State v. Avery Topps (2014)
“), sexual assault counselor-victim (§ 90.5035(l)(e)l., 2., 3.), domestic violence advocate-victim (§ 90.”
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