Laws about Private Communications
Colorado

Confidentiality between victim’s advocate and victim

COLO. REV. STAT. § 13-90-107(k)(I)

• A domestic violence or sexual assault victim’s advocate cannot testify about any communications made by the victim to the victim’s advocate (but see below) without the consent of the victim.
• Covers in-person testimony and written records or reports.

• People v. Turner, 109 P.3d 639, 642, 645 (Colo. 2005)
  • Privilege does not apply only to statements made by the victim to the victim's advocate, but also includes records of any assistance, advice or other communication provided by a victim's advocate. The privilege also extends to any services or assistance provided by a victim's advocate.
• People In Int. of J.S.A., No. 23CA0939, 2024 WL 3944294, at *3 (Colo. App. June 6, 2024), cert. denied, No. 24SC692, 2025 WL 1117203 (Colo. Apr. 14, 2025)
  • Recognizing that treatment records of victims of sexual assaults should also remain confidential pursuant to the psychologist-patient privilege codified in COLO. REV. STAT. § 13-90-107(1)(g)

Absolute

Holder of Privilege:

• Only the victim may waive the privilege. COLO. REV. STAT. § 13-90-107(k)(I)

Waiver of Privilege:

• People v. Turner, 109 P.3d 639, 645 (Colo. 2005)
• The party seeking to overcome the privilege bears the burden of demonstrating that the privilege has been waived.
• Waiver of a privilege can be express or implied and must be justified through an evidentiary showing.
• People v. Sisneros, 55 P.3d 797, 801 (Colo. 2002)
• The Colorado Supreme Court held that a sexual‑assault victim does not waive the psychologist‑patient privilege merely by testifying at a preliminary hearing.
• The court emphasized that waiver must be evaluated under the totality of the circumstances, and it rejected an automatic or implied waiver based solely on testimony.
• In concluding that no waiver occurred, the Court considered, among other things, that:
• (1) the victim did not assert a personal claim or defense that placed her mental health at issue;
• (2) her preliminary‑hearing testimony did not disclose or place in issue the substance of her psychological treatment or her post‑assault mental condition; and
• (3) the circumstances of her testimony do not reflect an intent to forego the protections of the psychologist-patient privilege.

None specified.

Prohibited

• People v. Turner, 109 P.3d 639, 642 (Colo. 2005)
• Made the victim-advocate privilege absolute.
• Records of services provided to victims of sexual assault must be kept confidential in order to protect victims.
• A defendant cannot gain access to any records of the assistance and services provided to a victim of sexual assault unless he can demonstrate that the victim has waived the privilege.

Sexual Assault Victim's Advocate: COLO. REV. STAT. § 13-90-107(k)(II)

• A person at a battered women's shelter or rape crisis organization or a comparable community-based advocacy program for victims of domestic violence or sexual assault: (a) whose primary function is to render advice, counsel, or assist victims of sexual assault; (b) who has undergone not less than fifteen hours of training as a victim's advocate or, with respect to an advocate who assists victims of sexual assault, not less than thirty hours of training as a sexual assault victim's advocate, and (c) who supervises employees of the program, administers the program, or works under the direction of a supervisor of the program.

• Does not include an advocate employed by any law enforcement agency who or whose: 
• Primary function is to render advice, counsel, or assist victims of domestic or family violence or sexual assault; and
• Has undergone not less than fifteen hours of training as a victim's advocate or, with respect to an advocate who assists victims of sexual assault, not less than thirty hours of training as a sexual assault victim's advocate; and
• Supervises employees of the program, administers the program, or works under the direction of a supervisor of the program.

Training Requirements for Sexual Assault Victim’s Advocate:

• Must have undergone not less than fifteen hours of training as a victim's advocate or, with respect to an advocate who assists victims of sexual assault, not less than thirty hours of training as a sexual assault victim's advocate.  Colo. Rev. Stat. § 13-90-107(k)(II)(B) 

N/A

COLO. REV. STAT. § 13-90-107