§ 4510.Rape crisis counselor or domestic violence advocate.

Article 45. Evidence · Last amended 2021 · Last verified July 21, 2026

In one sentenceCPLR 4510 privileges communications and records between a rape crisis counselor or domestic violence advocate and a client, with defined terms, narrow exceptions, and rules on who may waive the privilege and how.

Full Text of CPLR 4510

Text sizeJump to: (a) (b) (c) (d)

(a) Definitions. When used in this section, the following terms shall have the following meanings:

1. “Rape crisis program” means any office, institution or center which has been approved pursuant to subdivision fifteen of section two hundred six of the public health law, as added by chapter 432 of the laws of 1993, offering counseling and assistance to clients concerning sexual offenses, sexual abuses or incest.

2. “Rape crisis counselor” means any person who has been certified by an approved rape crisis program as having satisfied the training standards specified in subdivision fifteen of section two hundred six of the public health law, as added by chapter 432 of the laws of 1993, and who, regardless of compensation, is acting under the direction and supervision of an approved rape crisis program.

3. “Client” means

(i) any person who is seeking or receiving the services of a rape crisis counselor for the purpose of securing counseling or assistance concerning any sexual offenses, sexual abuse, incest or attempts to commit sexual offenses, sexual abuse, or incest, as defined in the penal law; or

(ii) any victim of domestic violence as defined in section four hundred fifty-nine-a of the social services law.

4. “Domestic violence program” means a residential program for victims of domestic violence or a non-residential program for victims of domestic violence as defined in section four hundred fifty-nine-a of the social services law or any similar program operated by an Indian tribe, as defined by section two of the Indian law.

5. “Domestic violence advocate” means any person who is acting under the direction and supervision of a licensed and approved domestic violence program and has satisfied the training standards required by the office of children and family services.

(b) Confidential information privileged. A rape crisis counselor or domestic violence advocate shall not be required to disclose a communication made by his or her client to him or her, or advice given thereon, in the course of his or her services nor shall any clerk, stenographer or other person working for the same program as the rape crisis counselor or domestic violence advocate or for the rape crisis counselor or domestic violence advocate be allowed to disclose any such communication or advice given thereon nor shall any records made in the course of the services given to the client or recording of any communications made by or to a client be required to be disclosed, nor shall the client be compelled to disclose such communication or records, except:

1. that a rape crisis counselor or domestic violence advocate may disclose such otherwise confidential communication to the extent authorized by the client;

2. that a rape crisis counselor or domestic violence advocate shall not be required to treat as confidential a communication by a client which reveals the intent to commit a crime or harmful act;

3. that a domestic violence advocate shall not be required to treat as confidential a communication by a client which reveals a case of suspected child abuse or maltreatment pursuant to title six of article six of the social services law;

4. in a case in which the client waives the privilege by instituting charges against the rape crisis counselor or domestic violence advocate or the rape crisis program or domestic violence program and such action or proceeding involves confidential communications between the client and the rape crisis counselor or domestic violence advocate.

(c) Who may waive the privilege. The privilege may only be waived if the client, the personal representative of a deceased client, or, in the case of a client who has been adjudicated incompetent or for whom a conservator has been appointed, the committee or conservator provides the rape crisis counselor or domestic violence advocate with informed, written and reasonably time-limited consent.

(d) Limitation on waiver. A client who, for the purposes of obtaining compensation under article twenty-two of the executive law or insurance benefits, authorizes the disclosure of any privileged communication to an employee of the office of victim services or an insurance representative shall not be deemed to have waived the privilege created by this section.

End

Plain-English Summary

CPLR 4510 extends confidentiality to people who seek help from a rape crisis program or domestic violence program. Subdivision (a) defines the key terms: a rape crisis program approved under the Public Health Law, a certified rape crisis counselor acting under its direction, a domestic violence program, a trained domestic violence advocate, and a client, meaning anyone seeking help concerning a sexual offense, abuse, or incest, or any victim of domestic violence as the Social Services Law defines it.

Subdivision (b) does the real work: neither the counselor or advocate, nor staff working alongside them, can be forced or allowed to disclose a client's communications, advice given, or records of the services provided, and the client cannot be compelled to disclose them either. Four exceptions apply: the client can authorize disclosure, neither a rape crisis counselor nor a domestic violence advocate must keep confidential a client's revealed intent to commit a crime or harmful act, a domestic violence advocate must report a suspected case of child abuse or maltreatment, and a client who brings charges against the counselor, advocate, or program waives the privilege for communications involved in that dispute.

Subdivisions (c) and (d) round out the mechanics. Only the client, or after death or incapacity the personal representative, committee, or conservator, can waive the privilege, and only through informed, written, and reasonably time-limited consent. Authorizing disclosure solely to obtain crime-victim compensation or insurance benefits is not treated as a waiver for any other purpose.

Frequently Asked Questions

Is there a privilege for rape crisis counseling in New York?

Yes. CPLR 4510 bars a rape crisis counselor from disclosing a client's communications, advice, or service records without proper waiver.

Does the domestic violence advocate privilege cover suspected child abuse?

No, not fully. CPLR 4510(b)(3) requires a domestic violence advocate to disclose a communication revealing suspected child abuse or maltreatment.

How can a client waive the rape crisis counselor privilege?

Only through informed, written, and reasonably time-limited consent given by the client, or, after death or incapacity, by the personal representative, committee, or conservator.

Does authorizing my insurer to see counseling records waive the privilege?

No. CPLR 4510(d) provides that authorizing disclosure to obtain crime-victim compensation or insurance benefits does not waive the privilege for any other purpose.

Who qualifies as a client under CPLR 4510?

Anyone seeking help from a certified rape crisis counselor concerning a sexual offense, abuse, or incest, and any victim of domestic violence as defined by the Social Services Law.

Can a rape crisis counselor be forced to testify if the client sues the counselor?

Yes. CPLR 4510(b)(4) treats a client's charges against the counselor, advocate, or program as a waiver of the privilege for the communications involved in that dispute.

Amendment History

Add, L 1993, ch 432, § 1, eff Jan 22, 1994; amd, L 2010, ch 56, § 49 (Part A–1), eff June 22, 2010; L 2021, ch 309, § 1, effective July 23, 2021.

Source & verification. Provision text, History, and Advisory Committee Notes are reproduced verbatim from the Consolidated Laws of New York. Last verified July 21, 2026. · Official source

Also known as: rape crisis counselor privilege New Yorkdomestic violence advocate privilege CPLRsexual assault counseling confidentiality New York