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[Utah Code Table of Contents]
[TITLE 78. Table of Contents]
78-3c-1 Short title.
This act shall be known and may be cited as the "Confidential
Communications for Sexual Assault Act."
1983
78-3c-2 Purpose of act.
It is the purpose of this act to enhance and promote the
mental, physical and emotional recovery of victims of sexual
assault and to protect the information given by victims to
sexual assault counselors from being disclosed.
1983
78-3c-3 Definitions.
As used in this chapter:
(1) "Confidential communication" means information given to a sexual assault counselor by a victim and includes reports or working papers made in the course of the counseling relationship.
(2) "Rape crisis center" means any office, institution, or center assisting victims of sexual assault and their families which offers crisis intervention, medical, and legal services, and counseling.
(3) "Sexual assault counselor" means a person who is employed by or volunteers at a rape crisis center who has a minimum of 40 hours of training in counseling and assisting victims of sexual assault and who is under the supervision of the director or designee of a rape crisis center.
(4) "Victim" means a person who has experienced a sexual
assault of whatever nature including incest and rape and
requests counseling or assistance regarding the mental, physical,
and emotional consequences of the sexual assault.
1983
78-3c-4 Disclosure of confidential communications.
The confidential communication between a victim and a sexual assault counselor is available to a third person only when:
(1) the victim is a minor and the counselor believes it is in the best interest of the victim to disclose the confidential communication to the victim's parents;
(2) the victim is a minor and the minor's parents or guardian have consented to disclosure of the confidential communication to a third party based upon representations made by the counselor that it is in the best interest of the minor victim to make such disclosure;
(3) the victim is not a minor, has given consent, and the counselor believes the disclosure is necessary to accomplish the desired result of counseling; or
(4) the counselor has an obligation under Title 62A, Chapter
4a, Child and Family Services, to report information transmitted
in the confidential communication.
2000
