Wisconsin Confidentiality Laws

Rape Crisis/Sexual Assault Counselor

Wis. Stat. § 905.045 (2013): Domestic violence or sexual assault advocate-victim privilege

(c) A communication or information is “confidential” if not intended to be disclosed to 3rd persons other than persons present to further the interest of the person receiving counseling, assistance, or support services, persons reasonably necessary for the transmission of the communication or information, and persons who are participating in providing counseling, assistance, or support services under the direction of  advocate, including family members of the person receiving counseling, assistance, or support services and members of any group of individuals with whom the person receives counseling, assistance, or support services.

(2) General rule of privilege. A victim has a privilege to refuse to disclose and to prevent any other person from disclosing confidential communications made or information obtained or disseminated among the victim,  advocate who is acting in the scope of his or her duties as  advocate, and persons who are participating in providing counseling, assistance, or support services under the direction of  advocate, if the communication was made or the information was obtained or disseminated for the purpose of providing counseling, assistance, or support services to the victim.

(3) Who may claim the privilege. The privilege may be claimed by the victim, by the victim's guardian or conservator, or by the victim's personal representative if the victim is deceased. The  advocate may claim the privilege on behalf of the victim. The  advocate's authority to do so is presumed in the absence of evidence to the contrary.

(4) Exceptions. Subsection (2) does not apply to any report concerning child abuse that  advocate is required to make under s. 48.981.

Updated 03/2018