VIRGINIA
VA. CODE § 63.2-104.1
Type of Privilege: Qualified by statute
Privilege:
• Programs and individuals providing services to victims of sexual violence may not disclose any
personally identifying information or individual information collected in connection with services
requested, utilized, or denied through sexual violence programs VA. CODE § 63.2-104.1 (B) (1)
Statutory Exceptions to Privilege: VA. CODE § 63.2-104.1 (D) (1)-(3)
• In order to comply with federal, state, tribal, or territorial reporting, evaluation, or data collection
requirements, sexual assault programs may share non-personally identifying data regarding
services to their clients and non-personally identifying demographic information
• For protection order purposes, sexual assault programs may share court- and law enforcementgenerated information contained in secure governmental registries
• Information necessary for law enforcement and prosecution purposes
In Camera Review: Provided for by statute
• According to the statute, the privileged information may be compelled by statutory or court
mandate
VA. CODE § 63.2-104.1 (C)
• If the privileged information is so compelled, the program or individual providing services to
victims of sexual violence must:
• Make reasonable attempts to provide notice to victims affected by the disclosure of the
privileged information
• Take steps necessary to protect the privacy and safety of the people affected by the disclosure
VA. CODE § 63.2-104.1 (C) (1)-(2)
Holder of Privilege:
• The victim, the parent or guardian of an unemancipated minor victim, or the guardian of an
incapacitated victim may waive the privilege VA. CODE § 63.2-104.1 (B) (2)
Waiver of Privilege:
• Consent to disclosure must be informed, written, and reasonably time-limited
104.1 (B) (2)
VA. CODE § 63.2-
DEFINITIONS:
Confidential Communication: No definition specified
Sexual Assault Program:
• Public and not-for-profit agencies that provide services to victims of sexual violence
CODE § 63.2-104.1
Sexual Assault Counselor: No definition specified
Training Requirements for Sexual Assault Counselors: None specified
V A.