Mass. Gen. Laws » Part III Title II Chapter 233
Massachusetts General Laws

Mass. Gen. Laws ch. 233, § 20J (2026)

Sexual assault; confidential communications with sexual assault counsellor; disclosure; discovery

✓ current as of July 2026
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Section 20J. As used in this section the following words, unless the context clearly requires otherwise, shall have the following meaning:—

''Rape crisis center'', any office, institution or center offering assistance to victims of sexual assault and the families of such victims through crisis intervention, medical and legal counseling.

''Sexual assault counsellor'', a person who is employed by or is a volunteer in a rape crisis center, has undergone thirty-five hours of training, who reports to and is under the direct control and supervision of a licensed social worker, licensed mental health counselor, nurse, psychiatrist, psychologist or psychotherapist and whose primary purpose is the rendering of advice, counseling or assistance to victims of sexual assault.

''Victim'', a person who has suffered a sexual assault and who consults a sexual assault counsellor for the purpose of securing advice, counseling or assistance concerning a mental, physical or emotional condition caused by such sexual assault.

''Confidential communication'', information transmitted in confidence by and between a victim of sexual assault and a sexual assault counsellor by a means which does not disclose the information to a person other than a person present for the benefit of the victim, or to those to whom disclosure of such information is reasonably necessary to the counseling and assisting of such victim. The term includes all information received by the sexual assault counsellor which arises out of and in the course of such counseling and assisting, including, but not limited to reports, records, working papers or memoranda.

A sexual assault counsellor shall not disclose such confidential communication, without the prior written consent of the victim; provided, however, that nothing in this chapter shall be construed to limit the defendant's right of cross-examination of such counsellor in a civil or criminal proceeding if such counsellor testifies with such written consent.

Such confidential communications shall not be subject to discovery and shall be inadmissible in any criminal or civil proceeding without the prior written consent of the victim to whom the report, record, working paper or memorandum relates.

Notes of Decisions
Cited in 41 cases (1 in the last 5 years), 1986–2023 · leading case: Commonwealth v. Dwyer, 859 N.E.2d 400 (Mass. 2006).
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Commonwealth v. Dwyer, 859 N.E.2d 400 (Mass. 2006). · cites it 3× “” Three years later, in Fuller , the court held that the “likely to be relevant” standard was “too broad and flexible” when applied to sexual assault counselling records, G. L. c. 233, § 20J, and determined that such records should be produced for in camera inspection only when…”
Commonwealth v. Two Juveniles, 491 N.E.2d 234 (Mass. 1986). · cites it 6× “We are asked to consider whether the absolute prohibition of G. L. c. 233, § 20J (1984 ed.), against disclosure by a “sexual assault counsellor” of “confidential communications” received from a “victim” of sexual assault is constitutional in the face of the confrontation clauses…”
Commonwealth v. Oliveira, 780 N.E.2d 453 (Mass. 2002). · cites it 4× “G. L. c. 233, § 20J (sexual assault counsellor “shall not disclose such confidential communication, without the prior written consent of the victim”).”
Commonwealth v. Neumyer, 731 N.E.2d 1053 (Mass. 2000). · cites it 10× “On June 13, 1997, a Superior Court judge 6 ordered BARCC to produce the requested records unless it claimed a privilege, see note 2, supra 7 In response to the order, BARCC asserted that, because all its counsellors are certified rape crisis counsellors, the records were…”
Commonwealth v. Maxwell, 808 N.E.2d 806 (Mass. 2004). · cites it 4× “111, § 70F, may be discovered, using the same procedures and standards as those employed for the requested discovery of rape counselling records privileged under G. L. c. 233, § 20J. See Commonwealth v. Fuller, 423 Mass.”
Commonwealth v. Stockhammer, 570 N.E.2d 992 (Mass. 1991). · cites it 2× “233, § 20A (priest/penitent), and G. L. c. 233, § 20J (sexual assault counselor /victim).”
Commonwealth v. Fuller, 667 N.E.2d 847 (Mass. 1996). · cites it 2× “The center refused production on the basis that the records were absolutely privileged under G. L. c. 233, § 20J (1994 ed.), the statute protecting from disclosure the records of a victim’s counselling sessions with a sexual assault counsellor.”
Commonwealth v. Vega, 866 N.E.2d 892 (Mass. 2007). · cites it 2× “Communications with sexual assault counsellors are deemed confidential pursuant to G. L. c. 233, § 20J, as are communications with domestic violence counsellors under G.”
Commonwealth v. Neumyer, 718 N.E.2d 869 (Mass. App. Ct. 1999). · cites it 8× “In a letter dated July 2, 1997, BARCC responded to the order, stating that all BARCC counselors are certified rape crisis counselors and that the records were absolutely privileged under G. L. c. 233, § 20J, the . statute protecting from disclosure the records of a victim’s…”
Commonwealth v. Oliveira, 728 N.E.2d 320 (Mass. 2000). · cites it 2× “Fuller, supra, for sexual assault counsellor records, see G. L. c. 233, § 20J, applies to records privileged pursuant to the psychotherapist-patient privilege.”
Commonwealth v. Bishop, 617 N.E.2d 990 (Mass. 1993). “Two Juveniles, supra, which concerned records privileged pursuant to G. L. c. 233, § 20J (1992 ed.) (sexual assault counsellor privilege), we placed the burden of demonstrating the need to pierce the statutory privilege on the defendant, and said, in dictum, that “[bjefore any .”
Commonwealth v. Pare, 686 N.E.2d 1025 (Mass. App. Ct. 1997). · cites it 2× “216, 226 (1996), altered the Bishop standard for obtaining judicial in camera review of counseling records privileged under G. L. c. 233, § 20J, by setting a higher standard for triggering in camera review.”
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