Commonwealth v. Davis

OPINION OF THE COURT

CAPPY, Justice.

The question presented in this appeal is whether the absolute privilege afforded a sexual assault counselor’s records is waived when the assault victim releases the counseling records to the Commonwealth. We affirm the Superior Court’s holding that the minor sexual abuse victim and his family waived the privilege protecting the victim’s family therapy counseling records when they permitted the prosecution to have access to these records.

Appellee Davis, who is the victim’s stepfather, separated from the victim’s mother in 1989. The victim (P.P.), along with…