Also, I have seen statements that the disclosure of information to a third party by the clergy member destroys the privilege. In People v Bragg, the Michigan Appeals court ruled that even though the Baptist Minister divulged the information to the victim and their family, that did not destroy the privilege. Only the communicant can revoke the privilege and allow the minister to testify. The minister even indicated, in a sense, that it was his moral duty to report the confession to the victim and to the authorities. He testified:
He immediately qualified his statement, indicating that disclosing the “confidential” communication with the victim's familyand the police was not a violation of Baptist doctrine and was “the right thing to do.” Vaprezsan indicated that part of dealing with the “aftermath” was to notify the victim's family of defendant's admission so that they could pursue legal recourse.
The court rejected the privilege and allowed the minister to testify. When the defendant was found guilty of a horrific rape and child abuse case, he appealed the decision to allow the priest confession in.
Unlike other evidentiary rules that exclude evidence because it is potentially unreliable, privilege statutes shield potentially reliable evidence in an attempt to foster relationships.... While the assurance of confidentiality may encourage relationships of trust, privileges inhibit rather than facilitate the search for truth.... Privileges therefore are not easily found or endorsed by the courts. “The existence and scope of a statutory privilege ultimately turns on the language and meaning of the statute itself.”
The court also ruled that the minister could not waive the privilege even though he felt that it was the moral thing to do.
"It is well settled that privileges belong to the holder alone and may be waived only by the holder."
So there is precedent that even if it is a horrible crime, the privilege still exist unless the person who confesses to it has either implied or expressly revoked the privilege. Like in the Fessler case, the plaintiff removed the privilege during the court proceedings by bringing the court proceedings forward. But unless it is expressly or implicitly revoked the privilege stands.