It depends on what state or country you are in and how the statute is written. In some states, it doesn't matter if other people hear you the privilege still exist. In many times it is based on the parishioner's expectation. Only the parishioner can revoke the privilege.
If an elder decides he wants to report child molestation to police.
by poopie 25 Replies latest jw friends
-
-
poopie
Well now I'm visiting cali my friend who confessed to blinking a sister I don't have to tell
-
Richard Oliver
The person speaking's intent is key. If someone dresses up like a catholic priest and takes confession and isn't a catholic priest, would the court allow him to give testimony because the person doing the communication thought that he was seeking spiritual help? So intent is very important when it comes to the privilege.
-
zeb
"As far as I know the GB has stated many times that elders are not clergy" a good quote and true except the elders squealed for 'clergy' rights at the ARC. They cant have it both ways.
-
Incognito
The only 'authority' religious clergy have is in regards to sin, not crime.
For it to be a 'confession', it would appear that it would need to be the person who had done the wrong (abuser), confessing his/her sins to the elder.
As the abused party has committed no sin in being abused, would it then be considered a religious confession if the abused party reported to an elder of having been abused?
To uphold and respect 'clergy penitent privilege' and 'confidentiality of confession', matters of confession would need to remain confidential between the confessor and the hearer of the confession. The hearer (elder) could not discuss the confession with another elder unless another elder was present to hear the confession and known by the confessor to be present before giving the confession.
To my understanding, WT's claim to clergy penitent privilege has been ruled inadmissible during some proceedings, due to an elder hearing a claimed 'confession', then sharing the matter with other elders not present when the confession was given.
-
poopie
So is it one minister only or do you loose it once it's heard by 2nd ear
-
Incognito
To my understanding, a religious confession could be heard by several people and still be considered confidential (privileged) if they all are present and known by the confessor to be present before the confession is made. If any of those people then revealed any matter of the confession without the confessor's consent to anyone not present, that person would then be breaching confidentiality.
I expect clergy penitent privilege is not intended to benefit clergy or the church but intended to benefit and protect the confidentiality, reputation and public standing of the confessor in matters of religious sin. Lines are blurred due to clergy confidentiality with regards a confession to religious sin vs a confession to having committed a crime.
I expect the courts will eventually be required to rule on and clarify these matters. Perhaps this will become one of the recommendations of the ARC whose recommendations hopefully will be noted and respected by other nations beyond Australia.
-
smiddy
Jehovahs Witnesses speak out of both sides of their mouth .
On the one hand they are on record as saying they have no clergy / laity class .
On the other hand they claim Clergy penitent Priviledge in a law court.
Clergy penitent privelidge is between a a confessor and a spiritual head/priest/pastor. of a religion a one on one confession.
Nothing of the sort occurs within the Jehovahs witness so called confessions.
For one thing their are three "Elders" who hear the confession that is then passed on to the legal dept,God knows how many view that ,so its certainly not a one on one experience.
And sometimes more than one body of Elders are involved in a Judicial confession which means another three Elders are privy to a confession.
Another point to be considered is most Judicial Committees convened are not inititiated by the confessor but are brought about by a third or second party making an accusation against the one under investigation .
So those cases are not to be considered as a person seeking a confessional for absolution of a sin.
In other words most Judicial Committees should more likely be termed as prosecutions against a person guilty of a sin or crime themselves .
Which in any case is never reported to the appropiate authorities by any Elders.
-
poopie
Bible says openly confess sins to one another v16 so wt says that could be any righteous man. So not necessarily and elder.
-
alanv
Really cant see how there can be any talk about clergy confidentiality with JWs. The first thing elders an elder does when he is told about a serious sin is discuss it with other elders. Then they phone head office and speak to another person about the matter. This is nothing like a confession between the sinner and an elder.