Utah Code § 77-38-201 Title.
77-38-201. Title.
This part is known and cited as the "Confidential Communications for Sexual Assault Act."
Renumbered and Amended by Chapter 3, 2008 General Session
Confidential Communications for Sexual Assault Act
Utah Code tit. 77, ch. 77-38, pt. 77-38-P2
in effectUtah Code § 77-38-202 Purpose.
77-38-202. Purpose.
It is the purpose of this act to enhance and promote the mental, physical and emotional recovery of victims of sexual assault and to protect the information given by victims to sexual assault counselors from being disclosed.
Renumbered and Amended by Chapter 3, 2008 General Session
Utah Code § 77-38-203 Definitions.
77-38-203. Definitions.
As used in this part:
(1) "Confidential communication" means information given to a sexual assault counselor by a victim and includes reports or working papers made in the course of the counseling relationship.
(2)
(a) "Rape crisis and services center" means a nonprofit entity that assists victims of sexual assault and victims' families by offering sexual assault crisis intervention and counseling through a sexual assault counselor.
(b) "Rape crisis and services center" does not include a qualified institutional victim services provider as defined in Section 53H-14-401.
(3) "Sexual assault counselor" means an individual who:
(a) is employed by or volunteers at a rape crisis and services center;
(b) has a minimum of 40 hours of training in counseling and assisting victims of sexual assault; and
(c) is under the supervision of the director or designee of a rape crisis and services center.
(4) "Victim" means an individual who has experienced a sexual assault of whatever nature including incest and rape and requests counseling or assistance regarding the mental, physical, and emotional consequences of the sexual assault.
Amended by Chapter 9, 2025 Special Session 1
Utah Code § 77-38-204 Disclosure of confidential communications.
77-38-204. Disclosure of confidential communications.
The confidential communication between a victim and a sexual assault counselor is available to a third person only when:
(1) the victim is a minor and the counselor believes it is in the best interest of the victim to disclose the confidential communication to the victim's parents;
(2) the victim is a minor and the minor's parents or guardian have consented to disclosure of the confidential communication to a third party based upon representations made by the counselor that it is in the best interest of the minor victim to make such disclosure;
(3) the victim is not a minor, has given consent, and the counselor believes the disclosure is necessary to accomplish the desired result of counseling; or
(4) the counselor has an obligation under Title 80, Chapter 2, Child Welfare Services, or Title 80, Chapter 2a, Removal and Protective Custody of a Child, to report information transmitted in the confidential communication.
Amended by Chapter 99, 2023 General Session
Source: Utah Office of Legislative Research and General Counsel (le.utah.gov)URL: https://le.utah.gov/xcode/Title77/Chapter38/77-38-P2.html?v=C77-38-P2_1800010118000101Fetched: 10/26/2026