NCJ Number
162753
Date Published
1993
Length
553 pages
Annotation
This manual aims to educate attorneys and the personnel of programs for battered and sexually assaulted women about the issues involved with protecting the confidentiality of communications between victims and their program counselors and to help them be more prepared and less frightened should a problem occur.
Abstract
The information and guidelines are intended for counselors who are attorneys, paralegals, psychotherapists, physicians, social workers, physicians, and nonprofessionals. The manual's first section explains the justification for battered woman-counselor privilege, focusing on domestic assault as a compelling societal problem that threatens the safety and wellbeing of women and children and the importance of battered women's shelters and services in protecting victims and ending the violence. It also examines legislative and judicial recognition of the need to provide special protection for battered women and how the victim-counselor relationship satisfies the requirements for establishing privileges. Additional sections focus on the law of privilege and its application to the victim-counselor relationship, special issues related to battered woman-counselor communications, procedures for responding to subpoenas and warrants, and recordkeeping. Footnotes and appended sample arguments; summary of State laws; and sample motions, forms, and program policies