Article VIII. Evidence · Part 8. Privileged Communications · Last amended 2025 · Last verified July 20, 2026
(a) Purpose. This Section is intended to protect victims of
rape from public disclosure of statements they make in confidence to counselors of organizations established to help them. On or after July 1, 1984, "rape" means an act of forced sexual penetration or sexual conduct, as defined in Section 11- 0.1 of the Criminal Code of 2012, including acts prohibited under Sections 11-1.20 through 11-1.60 or 12-13 through 12-16 of the Criminal Code of 1961 or the Criminal Code of 2012. Because of the fear and stigma that often results from those crimes, many victims hesitate to seek help even where it is available at no cost to them. As a result they not only fail to receive needed medical care and emergency counseling, but may lack the psychological support necessary to report the crime and aid police in preventing future crimes.
(b) Definitions. As used in this Act: (1) "Rape crisis organization" means any organization
or association a major purpose of which is providing information, counseling, and psychological support to victims of any or all of the crimes of aggravated criminal sexual assault, predatory criminal sexual assault of a child, criminal sexual assault, sexual relations between siblings, criminal sexual abuse and aggravated criminal sexual abuse. "Rape crisis organization" includes, but is not limited to, rape crisis centers certified by a statewide sexual assault coalition.
(2) "Rape crisis counselor" means a person who is a psychologist, social worker, employee, or volunteer in any organization or association defined as a rape crisis organization under this Section, who has undergone 40 hours of training and is under the control of a direct services supervisor of a rape crisis organization.
(3) "Victim" means a person who is the subject of, or who seeks information, counseling, or advocacy services as a result of an aggravated criminal sexual assault, predatory criminal sexual assault of a child, criminal sexual assault, sexual relations within families, criminal sexual abuse, aggravated criminal sexual abuse, sexual exploitation of a child, indecent solicitation of a child, public indecency, exploitation of a child, promoting commercial sexual exploitation of a child as described in subdivision (a)(4) of Section 11-14.4, or an attempt to commit any of these offenses.
(4) "Confidential communication" means any communication between a victim and a rape crisis counselor in the course of providing information, counseling, and advocacy. The term includes all records kept by the counselor or by the organization in the course of providing services to an alleged victim concerning the alleged victim and the services provided. (c) Waiver of privilege.
(1) The confidential nature of the communication is not waived by: the presence of a third person who further expresses the interests of the victim at the time of the communication; group counseling; or disclosure to a third person with the consent of the victim when reasonably necessary to accomplish the purpose for which the counselor is consulted.
(2) The confidential nature of counseling records is not waived when: the victim inspects the records; or in the case of a minor child less than 12 years of age, a parent or guardian whose interests are not adverse to the minor inspects the records; or in the case of a minor victim 12 years or older, a parent or guardian whose interests are not adverse to the minor inspects the records with the victim's consent, or in the case of an adult who has a guardian of his or her person, the guardian inspects the records with the victim's consent.
(3) When a victim is deceased, the executor or administrator of the victim's estate may waive the privilege established by this Section, unless the executor or administrator has an interest adverse to the victim.
(4) A minor victim 12 years of age or older may knowingly waive the privilege established in this Section. When a minor is, in the opinion of the Court, incapable of knowingly waiving the privilege, the parent or guardian of the minor may waive the privilege on behalf of the minor, unless the parent or guardian has been charged with a violent crime against the victim or otherwise has any interest adverse to that of the minor with respect to the waiver of the privilege.
(5) An adult victim who has a guardian of his or her person may knowingly waive the privilege established in this Section. When the victim is, in the opinion of the court, incapable of knowingly waiving the privilege, the guardian of the adult victim may waive the privilege on behalf of the victim, unless the guardian has been charged with a violent crime against the victim or otherwise has any interest adverse to the victim with respect to the privilege. (d) Confidentiality. Except as provided in this Act, no rape crisis counselor shall disclose any confidential communication or be examined as a witness in any civil or criminal proceeding as to any confidential communication without the written consent of the victim or a representative of the victim as provided in subparagraph (c).
(e) A rape crisis counselor may disclose a confidential communication without the consent of the victim if failure to disclose is likely to result in a clear, imminent risk of serious physical injury or death of the victim or another person. Any rape crisis counselor or rape crisis organization participating in good faith in the disclosing of records and communications under this Act shall have immunity from any liability, civil, criminal, or otherwise that might result from the action. In any proceeding, civil or criminal, arising out of a disclosure under this Section, the good faith of any rape crisis counselor or rape crisis organization who disclosed the confidential communication shall be presumed.
(f) Any rape crisis counselor who knowingly discloses any confidential communication in violation of this Act commits a Class C misdemeanor.
Section 8-802.1 protects communications between victims of rape and related sex offenses and the counselors of rape crisis organizations who help them. The statute defines a rape crisis organization as one whose major purpose is providing information, counseling, and psychological support to victims of offenses including aggravated criminal sexual assault, predatory criminal sexual assault of a child, criminal sexual assault, sexual relations between siblings, and criminal sexual abuse. A rape crisis counselor must have completed 40 hours of training and work under a direct services supervisor. A confidential communication includes not just conversations but all records the counselor or organization keeps about the victim and the services provided.
Certain circumstances do not waive the privilege: a third person present who further expresses the victim's interests, group counseling, disclosure to a third person with the victim's consent when reasonably necessary, the victim's own inspection of records, and inspection by a non-adverse parent or guardian under the age and consent conditions the statute sets out. When a victim has died, the executor or administrator of the estate can waive the privilege unless their interests conflict with the victim's. A minor victim 12 or older can waive the privilege themselves; younger or incapable minors have the privilege waived on their behalf by a parent or guardian, unless that parent or guardian has been charged with a violent crime against the victim or has an adverse interest. The statute gives an adult victim who has a guardian of his or her person the same kind of choice: the adult victim can knowingly waive the privilege, and if the court finds the victim incapable of knowingly waiving it, the guardian may waive on the victim's behalf, unless the guardian has been charged with a violent crime against the victim or otherwise has an adverse interest.
Absent a valid waiver, a rape crisis counselor cannot disclose a confidential communication or be examined as a witness about it in any civil or criminal proceeding without the victim's written consent or that of an authorized representative. The counselor may disclose without consent if failing to do so creates a clear, imminent risk of serious physical injury or death to the victim or someone else, and counselors and organizations who disclose in good faith under that exception are immune from civil, criminal, or other liability, with good faith presumed in any resulting proceeding. Knowingly disclosing a confidential communication in violation of the statute is a Class C misdemeanor.
(Source: P.A. 102-469, eff. 1-1-22; 103-1071, eff. 7-1-25.)