Indiana Code

Ind. Code § 35-37-6-9 (2026)

Confidential communications; compelling testimony; records; temporary emergency shelters

✓ current as of May 2026
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     Sec. 9. (a) The following persons or entities may not be compelled to give testimony, to produce records, or to disclose any information concerning confidential communications and confidential information to anyone or in any judicial, legislative, or administrative proceeding:

(1) A victim.

(2) A victim advocate or victim service provider unless the victim specifically consents to the disclosure in a written authorization that contains the date the consent expires.

     (b) A victim advocate, victim service provider, or victim may not be compelled to provide testimony in any judicial, legislative, or administrative proceeding that would identify the name, address, location, or telephone number of any facility that provided temporary emergency shelter to the victim of the offense or transaction that is the subject of the proceeding unless the facility is a party to the proceeding.

     (c) A victim service provider or victim advocate may not require a victim to consent to the disclosure of information concerning confidential communications and confidential information as a condition of the victim receiving services.

     (d) This section does not prohibit a victim from providing testimony concerning an offense.

     (e) The consent to disclose information on behalf of:

(1) a child who is less than eighteen (18) years of age and is unemancipated; or

(2) an incapacitated victim;

may be made by a custodial parent, custodian, guardian, or guardian ad litem in a written authorization that contains the date the consent expires.

     (f) A consent under subsection (e) may not be given by a custodial parent, custodian, guardian, or guardian ad litem of the victim if the custodial parent, custodian, guardian, or guardian ad litem:

(1) committed; or

(2) is alleged to have committed;

an offense against the victim.

As added by P.L.136-1987, SEC.5. Amended by P.L.104-2008, SEC.14.

 

Notes of Decisions
Cited in 6 cases, 2010–2018 · leading case: In Re Crisis Connection, Inc., 949 N.E.2d 789 (Ind. 2011).
In Re Crisis Connection, Inc., 949 N.E.2d 789 (Ind. 2011). · cites it 8× “After being charged with two counts of child molesting, Fromme asked the Dubois Circuit Court to require Crisis Connection to provide him with all records in its possession relating to the alleged victims, M.”
In Re Crisis Connection, Inc., 930 N.E.2d 1169 (Ind. Ct. App. 2010). · cites it 6× “See Ind.Code § 35-37-6-9 (victim-advocate privilege).”
State v. Fromme, 949 N.E.2d 789 (Ind. 2011). · cites it 8× “After being charged with two counts of child molesting, Fromme asked the Dubois Circuit Court to require Crisis Connection to provide him with all records in its possession relating to the alleged victims, M.”
Doe v. Old Dominion Univ., 289 F. Supp. 3d 744 (E.D. Va. 2018). “1(d) (West 2017); Ind. Code Ann. § 35-37-6-9 (West 2017) ; Iowa Code Ann.”
Crisis Connection, Inc. v. Fromme, 933 N.E.2d 915 (Ind. Ct. App. 2010). · cites it 2× “See Ind.Code § 35-37-6-9 (victim-advocate privilege).”
State v. Fromme, 930 N.E.2d 1169 (Ind. Ct. App. 2010). · cites it 2× “See Ind.Code § 35-37-6-9 (viectim-advocate privilege).”
— Ind. Code § 35-37-6-9(a) — 2 cases
In Re Crisis Connection, Inc., 949 N.E.2d 789 (Ind. 2011). “After being charged with two counts of child molesting, Fromme asked the Dubois Circuit Court to require Crisis Connection to provide him with all records in its possession relating to the alleged victims, M.”
State v. Fromme, 949 N.E.2d 789 (Ind. 2011). “After being charged with two counts of child molesting, Fromme asked the Dubois Circuit Court to require Crisis Connection to provide him with all records in its possession relating to the alleged victims, M.”
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