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- Alaska Statutes.
- Title 18. Health, Safety, and Housing
- Chapter 66. Domestic Violence and Sexual Assault
- Section 200. Compulsory Disclosure of Communications Prohibited.
previous: Section 180
. Civil Liability.
next: Section 210
AS 18.66.200. Compulsory Disclosure of Communications Prohibited.
- (a) Except as provided in AS 18.66.210
or 18.66.220, a victim or victim counselor may not be
compelled, without appropriate consent, to give testimony or to produce records concerning confidential communications
for any purpose in a criminal, civil, legislative, or administrative proceeding. In this subsection, "appropriate
- (1) the consent of the victim with respect to the testimony of
- (A) an adult victim; and
- (B) a victim counselor when the victim is an adult;
- (2) the consent of the victim's parent, legal guardian, or guardian ad litem with respect to the testimony of a
- (A) victim who is a minor or incompetent to testify; and
- (B) victim counselor when the victim is a minor or incompetent to testify.
- (b) Either party may apply for appointment of a guardian ad litem for purposes of (a)(2) of this section.
- (c) A victim or victim counselor may not be compelled to provide testimony in a civil, criminal, or administrative
proceeding that would identify the name, address, location, or telephone number of a safe house, abuse shelter, or
other facility that provided temporary emergency shelter to the victim of the offense or transaction that is the
subject of the proceeding, or the name, address, or telephone number of a victim counselor, unless the court or hearing
officer determines that the information is necessary and relevant to the facts of the case.
- (d) Notwithstanding (a) of this section,
- (1) a minor may waive the privilege provided under (a) of this section and testify or give consent for a victim counselor
to testify if the court determines that the minor is capable of knowingly waiving the privilege;
- (2) a parent or legal guardian may not, on behalf of a minor, waive the privilege provided under (a) of this section with
respect to the minor's testimony or the testimony of a victim counselor if
- (A) the parent or legal guardian has been charged with a crime against the minor;
- (B) a protective order or restraining order has been entered against the parent or legal guardian on request of or on
behalf of the minor; or
- (C) the parent or legal guardian otherwise has an interest adverse to that of the minor with respect to the waiver of
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