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Message From the Director

Over the past three decades, the criminal justice field has witnessed an astounding proliferation of statutory enhancements benefiting people who are most directly and intimately affected by crime. As of 2000, all states had passed some form of legislation to benefit victims. In addition, 32 states have recognized the supreme importance of fundamental and express rights for crime victims by raising those protections to the constitutional level.

Of course, the nature, scope, and enforcement of victims’ rights vary from state to state, and it is a complex and often frustrating matter for victims to determine what those rights mean for them.To help victims, victim advocates, and victim service providers understand the relevance of the myriad laws and constitutional guarantees, the Office for Victims of Crime awarded funding to the National Center for Victims of Crime to produce a series of bulletins addressing salient legal issues affecting crime victims.

Privacy of Victims’ Counseling Communications, the eighth in the series, provides an overview of state laws and current issues related to the privacy of communications between victims and their counselors. Although several state legislatures have enacted laws on this issue, statutes vary greatly depending on the type of counselor covered by the privilege and the extent of the protection afforded crime victims.This bulletin and the others in the Legal Series highlight various circumstances in which relevant laws are applied, emphasizing their successful implementation.

We hope that victims, victim advocates, victim service providers, criminal justice professionals, and policymakers in states across the Nation will find the bulletins in this series helpful in making sense of the criminal justice process and in identifying areas in which rights could be strengthened or more clearly defined.We encourage you to use these bulletins not simply as informational resources but as tools to support victims in their involvement with the criminal justice system.

John W. Gillis, Director

Privacy of Victims' Counseling Communications

Introduction

Status of the Law

Current Issues

Conclusion

Notes

PDF File (137 kb)

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About This Series

OVC Legal Series bulletins are designed to inform victim advocates and victim service providers about various legal issues relating to crime victims. The series is not meant to provide an exhaustive legal analysis of the topics presented; rather, it provides a digest of issues for professionals who work with victims of crime.

Each bulletin summarizes—

  • Existing legislation.

  • Important court decisions in cases where courts have addressed the issues.

  • Current trends or "hot topics" relating to each legal issue.

The OVC Legal Series bulletins were created by the National Center for Victims of Crime (NCVC) under grant number 1999–VF–GX–K007 awarded by the Office for Victims of Crime, Office of Justice Programs, U.S. Department of Justice.The opinions, findings, conclusions, and recommendations expressed in this bulletin are those of the author/NCVC and do not necessarily represent the official position or policies of the U.S. Department of Justice.

The Office for Victims of Crime is a component of the Office of Justice Programs, which also includes the Bureau of Justice Assistance, the Bureau of Justice Statistics, the National Institute of Justice, and the Office of Juvenile Justice and Delinquency Prevention.

November 2002

NCJ 192264

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