PUBLIC SAFETY AND WELFARE
CONFIDENTIAL COMMUNICATIONS BETWEEN VICTIMS AND COUNSELORS
173-C:3 Assertion or Waiver of Privilege.
The privilege may be claimed or waived in all civil, administrative, and criminal legal proceedings, including discovery proceedings, by the following persons:
I. The victim or an attorney on the victim's behalf.
II. The guardian of the victim, if the victim has been found incompetent by a court of competent jurisdiction.
III. A minor victim who is emancipated, married, or over the age of 15, unless, in the opinion of the court, the minor is incapable of knowingly waiving the privilege. A guardian ad litem shall be appointed in all cases in which there is a potential conflict of interest between a victim under the age of 18 and his parent or guardian.
Source. 1985, 98:1, eff. May 10, 1985.