Key point 3-07.2. In order for the clergy-penitent privilege to apply there must be a communication that is made in confidence. This generally means that there are no other persons present besides the minister and counselee who can overhear the communication, and that there is an expectation that the conversation will be kept secret.
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.
* An Iowa court ruled that the clergy-penitent privilege did not apply to incriminating statements made by a church member to his pastor since the statements were not confidential and any privilege had been waived. A single mother frequently used a 28-year-old male (the "defendant") to babysit her three minor sons. After several months, the ...
Log In For Full Access
Log In
Interested in becoming a member? Learn more.
Related ResourcesView All
Sex Offenders in the Church
Legal and safety concerns to address when dealing with a sex offender.
Reducing the Risk
Keep your church safe from child sexual abuse.
Dealing with Dangerous People
This resource goes through safety measures to ward off dangerous individuals from entering your church.
Child Sexual Abuse Response Plan
Put a plan into action to prevent child sexual abuse from happening in your church.
