• 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.
• Key point 3-08.05. In most states a counselee can waive the clergy-penitent privilege by disclosing the privileged communication to someone other than the minister. In some states the minister also may waive the privilege.
The Clergy-Penitent Privilege
* A Military court of appeals ruled that a confession made by a soldier to his pastor was not protected by the clergy-penitent privilege since the pastor was acting as a marital counselor at the time of the confession, and the soldier "waived" the privilege by repeating the confession to others. A soldier sexually molested his four-year-old daughter. The soldier's wife learned of the molestation, and contacted the family pastor. The ...