New Hampshire Revised Statutes

N.H. Rev. Stat. Ann. § 173-C:2 (2026)

Privilege

✓ current as of May 2026
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    173-C:2 Privilege. –
I. A victim has the 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 a domestic violence counselor, including any record made in the course of support, counseling, or assistance of the victim. Any confidential communication or record may be disclosed only with the prior written consent of the victim. This privilege terminates upon the death of the victim.
I-a. The privilege and confidentiality under paragraph I shall extend to:
(a) A third person present to assist communication with the victim.
(b) A third person present to assist a victim who is physically challenged.
(c) Co-participants in support group counseling of the victim.
II. Persons prevented from disclosing a confidential communication or record pursuant to paragraph I shall be exempt from the provisions of RSA 631:6.

Source. 1985, 98:1. 1990, 241:8. 1994, 259:10, eff. June 2, 1994.

Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 2002–2025 · leading case: Jane Student 1 v. Williams, 206 F.R.D. 306 (S.D. Ala. 2002).
Jane Student 1 v. Williams, 206 F.R.D. 306 (S.D. Ala. 2002). “02(k); N.H.Rev.Stat. Ann. § 173-C:2; N.Y.C.P.L.R.”
State v. Zarella, 2025 N.H. 20 (N.H. 2025). · cites it 2× “[¶27] RSA 173-C:2 creates a privilege for “confidential communications made by the victim to a sexual assault counselor or a domestic violence counselor” and provides that such communications or records thereof “may be disclosed only with the prior written consent of the victim.”
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