Confessional Privilege

by zack 5 Replies latest jw friends

  • zack
    zack

    The confessional privilege belongs to the sinner, not the priest. Anything said to the priest (clergy of any kind) that is them revealed to others-- even other priests--- would this be a violation of the privilege and if so, could it be actionable? Does anyoner know? I am not talking about protecting a child molester either.

    Z---

  • Confession
    Confession
    Anything said to the priest (clergy of any kind) that is them revealed to others-- even other priests--- would this be a violation of the privilege and if so, could it be actionable? Does anyoner know? I am not talking about protecting a child molester either.

    If the understanding is that their confession is confidential, but then it is later revealed, that would definitely be a breaching of that confidentiality. But the law often requires that a member of the clergy reveal something confidential under specified circumstances. (Not unlike a reporter with a confidential source.)

  • 144001
    144001

    It depends on the law of the state where the events you referred to took place. The "clergy-penitent" privilege is recognized in many states, but not all. But the "clergy-penitent" privilege has nothing to do with what it is you seem to be interested in. A "privilege," in the legal sense, is a rule, the purpose of which is to exclude certain evidence from trial based upon notions of social policy (e.g., attorney-client privilege). It is not possible to "violate" a priviilege. However, the priest;s conduct could be actionable under under other theories pursuant to the law of the state where these events took place, so you should consult with an attorney licensed to practice in that state to determine your rights and the costs/benefits of bringing a legal action in response to this matter. Good luck to you!

  • Genesis
    Genesis

    Dont confess to the elders, cause they report everythings to their wives and theirs wives reports everythings to the entire congregation, it happened to me often...

  • FairMind
    FairMind

    I found out the hard way to not tell the elders anything you want kept quiet. There is nothing really that you can do when elders breach your confidentiality. The elders have no accountability in this regard. Many JWs feel exactly like I do, which is confessing to the elders only makes the situation worse.

  • 144001
    144001
    There is nothing really that you can do when elders breach your confidentiality. The elders have no accountability in this regard.

    This may or may not be true, depending on the law of the state in which the incident occurred as well as the specific factual circumstances. JWD is not a good source of legal advice -- see a lawyer.

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