The answer perhaps lies in the supremacy of federal laws which designate that any member of a prosecution team must disclose certain kinds of evidence to the criminal defendant. Since some sexual assault victim advocates are employed by prosecutors, they are by definition members of the prosecution team, and the State of California cannot designate otherwise. Under California law, the prosecuting attorney is not required to disclose any materials which are privileged pursuant to an express statutory provision. Penal Code 1054.6. However, prosecutors are required to disclose exculpatory evidence to the defendant if it is in the possession of the prosecuting attorney or if the prosecuting attorney knows it to be in the possession of the investigating agencies.
Exculpatory evidence is that evidence which suggests a defendant's innocence.
If a sexual assault victim advocate acts in the government's behalf in a particular case, she becomes part of the prosecution team. As such, any exculpatory evidence she discovers must be disclosed to the defendant because it effectively comes into the prosecutor's possession. 17 Cal.4th 873. Sexual assault victim advocates should consistently prepare victims for upcoming investigations, medical procedures, and trial, always empowering the victim to ask questions of personnel if there is misunderstanding or confusion. Sexual assault victim advocates must be clear with victims that their purpose is to advocate for the victim and assist her in maintaining her autonomy.