If an elder decides he wants to report child molestation to police.

by poopie 25 Replies latest jw friends

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  poopie

  Can he be sued for violating clergy pertinent privilege by the person that confesses to him?
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  Richard Oliver

  He could be sued for Clergy Malpractice. Also depending on how severe the violation is and if the court determines that the privilege prevents the use of that testimony, There is a possibility that any evidence that is derived from that report would be inadmissible. It is the fruit of the poisonous tree doctrine. It is more a rule of civil procedure than a matter that can be brought by a private action.
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  jesscd

  As far as I know the GB has stated many times that elders are not clergy, one of the separating points from other religions is the absence of a clergy class, so clergy privilege would be invalid.
  
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  Richard Oliver

  The law defines what a member of the clergy is and what is privileged communication. It doesn't matter if someone views themselves as a member of the clergy or not, the law says that they are or not.
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  Simon

  No, they have no clergy privilege as they are not clergy.

  But I also do not believe anyone can be sued for reporting a crime that they become aware of.
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  snowbird

  What happened to ecclesiastical privileges?

  Sylvia
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  Richard Oliver

  2010 California Code
  Evidence Code
  Article 8. Clergy Penitent Privileges

  EVIDENCE CODE
  SECTION 1030-1034
  

  1030.  As used in this article, a "member of the clergy" means a
  priest, minister, religious practitioner, or similar functionary of a
  church or of a religious denomination or religious organization.
  
  1031.  As used in this article, "penitent" means a person who has
  made a penitential communication to a member of the clergy.
  
  1032.  As used in this article, "penitential communication" means a
  communication made in confidence, in the presence of no third person
  so far as the penitent is aware, to a member of the clergy who, in
  the course of the discipline or practice of the clergy member's
  church, denomination, or organization, is authorized or accustomed to
  hear those communications and, under the discipline or tenets of his
  or her church, denomination, or organization, has a duty to keep
  those communications secret.
  
  1033.  Subject to Section 912, a penitent, whether or not a party,
  has a privilege to refuse to disclose, and to prevent another from
  disclosing, a penitential communication if he or she claims the
  privilege.
  
  1034.  Subject to Section 912, a member of the clergy, whether or
  not a party, has a privilege to refuse to disclose a penitential
  communication if he or she claims the privilege.
  

  
  
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  Richard Oliver

  Again it doesn't matter if a church says you are a member of the clergy or not. The law defines what a clergy member is when it comes to privilege.
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  poopie

  Oh since All Jw are ordained ministers anyone that hears the confession is not obliged to report is that right
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  poopie

  So if I claim the privilege I do not have to tell anyone of a confession to me? Unless of course another person hears it at same time then a cannot use pertinent privledge?