Confidential and Privileged Communications - Part 1

• Key point 3-07.4. In order for the clergy-penitent privilege to apply there must be a communication that is made to a minister acting in a professional capacity as a spiritual adviser.

The Iowa Supreme Court ruled that a conversation that a rapist had with a minister on the day of the rape was not protected by the clergy-penitent privilege. A woman broke off her relationship with her live-in boy friend (the "defendant"). A few days later, the defendant appeared at the woman's residence, threatened her with a knife, and forced her to have sex. Afterwards the defendant stated, "I might as well call the police and turn myself in." He then began to talk to the woman about getting counseling. Later that day he later called a minister he had seen for counseling several months earlier. The minister, who was a part-time unlicensed marriage and family counselor, agreed ...