(a) For the purposes of this section, the term:

(1) “Confidential communication” means information exchanged between a sexual assault victim and a sexual assault victim advocate during the course of the advocate providing counseling, support, and assistance to the victim, including all records kept by the advocate and the sexual assault program concerning the victim and services provided to the victim.

(2) “DC Sexual Assault Nurse Examiner Program” or “DC SANE Program” means the program that provides comprehensive care to adult victims of rape, sexual assault, and other sex crimes, operated by the Office of Victim Services, in collaboration with the Network for Victim Recovery DC (or its successor entity) and the Medstar Washington Hospital Center (or its successor entity), where medical forensic exams are conducted.

(3) “Intrafamily offense” shall have the same meaning as provided in § 16-1001(8).

(4) “MPD” means the Metropolitan Police Department.

(5) “Sexual assault” means any of the following offenses: §§ 22-1901 (incest); 22-3002 (first degree sexual abuse); 22-3003 (second degree sexual abuse); 22-3004 (third degree sexual abuse); 22-3005 (fourth degree sexual abuse); 22-3006 (misdemeanor sexual abuse); 22-3009.03 (first degree sexual abuse of a secondary education student); 22-3009.04 (second degree sexual abuse of a secondary education student); 22-3013 (first degree sexual abuse of a ward, patient, client, or prisoner); 22-3014 (second degree sexual abuse of a ward, patient, client, or prisoner); 22-3015 (first degree sexual abuse of a patient or client); 22-3016 (second degree sexual abuse of a patient or client); or 22-3018 (attempts to commit sexual offenses); provided, that the sexual assault victim is 18 years of age or older.

(5A) [Not Applicable].

(6) “Sexual assault victim” means an individual 18 years or age or older against whom sexual assault has been committed or is alleged to have been committed.

(7) “Sexual assault victim advocate” means a trained advocate employed by a community-based advocacy organization that is a member of the DC SANE Program or its successor program.

(b)(1) A sexual assault victim advocate shall not disclose a confidential communication except:

(A) As required by statute or by a court of law;

(B) As voluntarily authorized in writing by the sexual assault victim;

(C) To other individuals employed by the DC SANE Program and third party providers when and to the extent necessary to facilitate the delivery of services to the sexual assault victim;

(D) To the MPD or other law enforcement agency to the extent necessary to protect the sexual assault victim or another individual from a substantial risk of imminent and serious physical injury;

(E) To compile statistical or anecdotal information, without personal identifying information, for research or public information purposes; or

(F) For any confidential communications relevant to a claim or defense if the sexual assault victim files a lawsuit against a sexual assault victim advocate or the DC SANE Program.

(2) Unless the disclosure is public, confidential communications disclosed pursuant to paragraph (1) of this subsection shall not be further disclosed by the recipient except as authorized in paragraph (1) of this subsection.

(3) Confidential communications are not waived by the presence of a sign language or foreign language interpreter. An interpreter is subject to the same disclosure limitations set forth in paragraph (1) of this subsection and the same privilege set forth in subsection (c) of this section.

(4) [Not Applicable].

(5) [Not Applicable].

(b-1) [Not Applicable].

(c)(1) Except as provided in paragraph (2) of this subsection, when a sexual assault victim has been adjudicated incompetent by a court of competent jurisdiction for the purpose of asserting or waiving the privilege established by this section, or is deceased, the sexual assault victim’s parent, guardian, or personal representative may assert or waive the privilege.

(2) If the parent, guardian, or personal representative of the sexual assault victim described in paragraph (1) of this subsection has been charged with an intrafamily offense, sexual assault, or has had a protection order or a neglect petition entered against him or her at the request of or on behalf of the sexual assault victim, or otherwise has interests adverse to those of the sexual assault victim with respect to the assertion or waiver of the privilege, the court shall appoint an attorney for purposes of asserting or waiving the privilege.

(d) The assertion of any privilege under this section is not admissible in evidence.

(Nov. 20, 2014, D.C. Law 20-139, § 102(c), 61 DCR 5913; Mar. 3, 2020, D.C. Law 23-57, § 5, 66 DCR 15914.)

Section 9(a) of D.C. Law 23-57 provided that the amendments made to this section shall apply as of October 1, 2020. Therefore those amendments shall be implemented for this section on October 1, 2020.

Section 301 of D.C. Law 20-139 provided that the Mayor, pursuant to § 2-501 et seq., may issue rules to implement the provisions of the act.