Evid. Code, § 1035.2 · Article 8.5. Sexual Assault Counselor-Victim Privilege
Evid. Code, § 1035.2
Text — As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
As used in this article, “sexual assault counselor” means any of the following:
(a) A person who is engaged in any office, hospital, institution, or center commonly known as a rape crisis center, whose primary purpose is the rendering of advice or assistance to victims of sexual assault and who has received a certificate evidencing completion of a training program in the counseling of sexual assault victims issued by a counseling center that meets the criteria for the award of a grant established pursuant to Section 13837 of the Penal Code and who meets one of the following requirements:
(1) Is a psychotherapist as defined in Section 1010; has a master’s degree in counseling or a related field; or has one year of counseling experience, at least six months of which is in rape crisis counseling.
(2) Has 40 hours of training as described below and is supervised by an individual who qualifies as a counselor under paragraph (1). The training, supervised by a person qualified under paragraph (1), shall include, but not be limited to, the following areas:
(A) Law.
(B) Medicine.
(C) Societal attitudes.
(D) Crisis intervention and counseling techniques.
(E) Role playing.
(F) Referral services.
(G) Sexuality.
(b) A person who is engaged in a program on the campus of a public or private institution of higher education, whose primary purpose is the rendering of advice or assistance to victims of sexual assault and who has received a certificate evidencing completion of a training program in the counseling of sexual assault victims issued by a counseling center that meets the criteria for the award of a grant established pursuant to Section 13837 of the Penal Code and who meets one of the following requirements:
(1) Is a psychotherapist as defined in Section 1010; has a master’s degree in counseling or a related field; or has one year of counseling experience, at least six months of which is in rape crisis counseling.
(2) Has 40 hours of training as described below and is supervised by an individual who qualifies as a counselor under paragraph (1). The training, supervised by a person qualified under paragraph (1), shall include, but not be limited to, the following areas:
(A) Law.
(B) Medicine.
(C) Societal attitudes.
(D) Crisis intervention and counseling techniques.
(E) Role playing.
(F) Referral services.
(G) Sexuality.
(c) A person who is employed by any organization providing the programs specified in Section 13835.2 of the Penal Code, whether financially compensated or not, for the purpose of counseling and assisting sexual assault victims, and who meets one of the following requirements:
(1) Is a psychotherapist as defined in Section 1010; has a master’s degree in counseling or a related field; or has one year of counseling experience, at least six months of which is in rape assault counseling.
(2) Has the minimum training for sexual assault counseling required by guidelines established by the employing agency pursuant to subdivision (c) of Section 13835.10 of the Penal Code, and is supervised by an individual who qualifies as a counselor under paragraph (1). The training, supervised by a person qualified under paragraph (1), shall include, but not be limited to, the following areas:
(A) Law.
(B) Victimology.
(C) Counseling.
(D) Client and system advocacy.
(E) Referral services.
Notes and commentary — not statutory text
History
Amended by Stats. 2018, Ch. 123, Sec. 2. (AB 1896) Effective January 1, 2019.
Source of truth
- Edition
- As published in the Legislative Counsel's database, tables dated October 18, 2026 (pubinfo_2025.zip)
- Official file
- https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=EVID§ionNum=1035.2.
- Text hash
- sha256 48d334cda509b6ad8f3d363d4d093209c9019dd243525c91dab5b35c5d23843c
- Composed by
- compose_ca.py 2026-10-22: the Legislative Counsel's CAML content files read by a tokenizer (caml_readers.reader_a); an independent xml.etree reading (caml_readers.reader_b) agrees on every section
This section cites
Provisions in this library that the text above cites, as it prints each citation. A range cited as “ss. 61.13-61.16” links its first and last provisions.
Cited by 13 provisions
Provisions in this library whose text cites Evid. Code, § 1035.2. Each shows the citation as that text prints it.
Civil Code
Code of Civil Procedure
Government Code
Penal Code
- Pen. Code, § 264.2Printed as Section 1035.2 of the Evidence Code
- Pen. Code, § 679.04Printed as Section 1035.2 of the Evidence Code
- Pen. Code, § 13750Printed as Section 1035.2 or 1037.1 of the Evidence Code
- Pen. Code, § 13752Printed as Section 1035.2 of the Evidence Code
- Pen. Code, § 13753Printed as Section 1035.2 of the Evidence Code
Procedural information only. Not legal advice and not a substitute for the advice of an attorney. Confirm the current text with the official publisher before relying on it.