Expanding Privileged Communications to Include Victims of Criminal Acts and Their Counselors

• NCJ Number: 121923
• Author(s): P Weyhrauch
• Date Published: 1987
• Length: 35 pages
• Corporate Author: Alaska State Legislature
• Publication Format: Document
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America

Annotation

Legislation was recently proposed in Alaska to extend the communications privilege to victims and counselors of domestic violence and sexual assault.

Abstract

Privileged communication refers to the right which a person has to prevent the exposure of otherwise relevant and material evidence. The principle underlying this is that the protection of certain relationships and interests is more important than possible error in the fact-finding process of a trial. However, extending this privilege to victims of domestic violence and sexual assault could be construed as interfering with a defendant's right to confrontation. A possible solution could be that judges determine the relevancy of information on a case-by-case basis, weighing the importance of introducing information against the victim's need for confidentiality and specifying what is disclosed to the defendant and what is not. Also, there is a belief that the communications privilege should not be extended because the privileged information could bear on the guilt or innocence of a defendant. If the communications privilege is extended to victims of domestic violence and sexual assault and their counselors, it is hoped that eventually it could also be broadened to include all victims and their counselors. Appendix.