P.R. Laws Ap. tit. 32A, § IV, Rule 26A
(A) As used in this rule, the following terms shall have the meaning indicated below:
(1) Confidential communication. — Any information transmitted between the crime victim and his/her counselor, be it in private or before a third person whose presence is necessary to establish communication between the victim and the counselor, or to facilitate the counseling services needed by the victim when such information is disclosed during the course of the treatment that the counselor gives to deal with the victim’s emotional or psychological condition produced by the commission of a crime and that is made in the confidence that the same will not be disclosed to third persons.
(2) Victim. — A person that has suffered emotional or psychological damage as a consequence of the commission of a crime and who resorts to a counselor or to a counseling and help center to obtain assistance or treatment.
(3) Counseling. — The assistance, diagnosis or treatment offered to the victim to mitigate the adverse emotional or psychological effects caused by the commission of a crime. It includes, but is not limited to, treatment during the emotional or mental crisis period.
(4) Help and counseling center. — Any person or private or government entity that has, as one of its main purposes, to offer treatment and help to crime victims.
(5) Counselor. — Any person duly authorized, certified or licensed by the Commonwealth of Puerto Rico to carry out the functions of a counselor, orientator, consultant, therapist or any employee or supervised volunteer of a help and counseling center that offers treatment and help to crime victims.
(B) Subject to the provisions of this rule, any victim of a crime, whether or not a party to the action, has the privilege to refuse to disclose or to prevent another from disclosing a confidential communication between the victim and the counselor, if any one of them reasonably believed such communication to be necessary for the treatment and help required. The privilege may be claimed not only by the holder thereof, but also by a person authorized by the victim, a legal counsel or by the counselor who received the communication.
(C) Subject to the provisions of this rule, neither the counselor nor the victim, whether or not a party to the action, may be required to give the name, address, location or telephone number of a help center, shelter or another facility that gives temporary shelter to crime victims, unless the facility in question is a party to the action.
(D) The fact that a victim testifies in court regarding the crime does not constitute waiver of the privilege.
(1) Notwithstanding the above-stated, if, as part of such testimony, the victim reveals part of the confidential communication, it shall be understood as a waiver of the privilege with respect to that part of the testimony only.
(2) Any waiver of the privilege shall only be extended to that part which is necessary to answer the questions made by the attorney concerning the confidential communication and that are relevant to the facts and circumstances of the case.
(E) The victim cannot waive the privilege through his legal counsel. Notwithstanding the above-stated, if the victim files action for professional malpractice against the counselor or against the help and counseling center in which the counselor is employed or serves as a supervised volunteer, said counselor may testify without being subject to the privilege and will not be held liable for said testimony.
History —Added on June 19, 1987, No. 30, p. 100.