Project on Addressing Prison Rape

Michigan Confidentiality Laws

Rape Crisis/Sexual Assault Counselor

Mich. Comp. Laws Ann. 搂 600.2157a (2013): Consultation between victim and sexual assault or domestic violence counselor; admissibility

Sec. 2157a. (1) For purposes of this section:

(a) 鈥淐onfidential communication鈥 means information transmitted between a victim and a sexual assault or domestic violence counselor, or between a victim or sexual assault or domestic violence counselor and any other person to whom disclosure is reasonably necessary to further the interests of the victim, in connection with the rendering of advice, counseling, or other assistance by the sexual assault or domestic violence counselor to the victim.

(b) 鈥淒omestic violence鈥 means that term as defined in section 1501 of Act No. 389 of the Public Acts of 1978, being听.

(c) 鈥淪exual assault鈥 means assault with intent to commit criminal sexual conduct.

(d) 鈥淪exual assault or domestic violence counselor鈥 means a person who is employed at or who volunteers service at a sexual assault or domestic violence crisis center, and who in that capacity provides advice, counseling, or other assistance to victims of sexual assault or domestic violence and their families.

(e) 鈥淪exual assault or domestic violence crisis center鈥 means an office, institution, agency, or center which offers assistance to victims of sexual assault or domestic violence and their families through crisis intervention and counseling.

(f) 鈥淰ictim鈥 means a person who was or who alleges to have been the subject of a sexual assault or of domestic violence.

(2) Except as provided by section 11 of the child protection law, Act No. 238 of the Public Acts of 1975, being听, a confidential communication, or any report, working paper, or statement contained in a report or working paper, given or made in connection with a consultation between a victim and a sexual assault or domestic violence counselor, shall not be admissible as evidence in any civil or criminal proceeding without the prior written consent of the victim.

Credits
P.A.1961, No. 236, 搂 2157a, added by P.A.1984, No. 340, 搂 1, Eff. March 29, 1985.
Updated 03/2018