Key point 3-08.08. Clergy who are mandatory reporters of child abuse are excused from a duty to report in many states if they learn of the abuse in the course of a conversation covered by the clergy-penitent privilege. Some state child abuse reporting laws do not contain this exception.
A Texas court ruled that the clergy-penitent privilege did not prevent a minister from testifying against a church member in a child molestation prosecution.
A 10-year-old girl claimed that her stepfather (the defendant) had sexually molested her. Following this incident, the defendant and his wife conferred with an elder of their church. The defendant's wife also reported the incident to the police, and the defendant was charged with indecency with a child. At trial, the defendant claimed that statements he made to a church elder were privileged communications to a member of the clergy under a Texas law ...
Join now to access this member-only content
Become a Member
Already a member? Log in for full access.
Related ResourcesVisit Store
Sexual Harassment in the Christian Workplace - Executive Report 2020
An inside look at the 2020 Church and Parachurch Ministries Workplace Environment Study
Using Social Media Safely
Policies to keep your church staff and members safe when using social media.
12 Law & Tax Guidelines for New Ministers
Essential knowledge to ensure legal and financial clarity and integrity in ministry.
Mandatory Child Abuse Reporting Laws
State by state laws to report child abuse.
