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Churches and clergy

clergy-penitent privilege

The clergy-penitent privilege—also known as the clergy privilege, confessional privilege, priest-penitent privilege, clergyman-communicant privilege, or ecclesiastical privilege—is a rule of privilege in the law of evidence that allows a person who has confided in a member of the clergy (minister, priest, rabbi, or other leader of an established church or religious organization) to refuse to disclose, and to prevent the clergy member from disclosing a confidential communication.

In Delaware, the clergy-penitent privilege is recognized and codified in the state's evidence law. This privilege allows individuals to refuse to disclose, and to prevent clergy members from disclosing, confidential communications made to them in their role as a spiritual advisor. The privilege applies when the clergy member is acting in the capacity of a spiritual advisor, the communication is made in confidence, and the communication is made for the purpose of seeking spiritual counseling. The privilege can be claimed by the communicant, and in some cases, by the clergy member on behalf of the communicant. However, there are exceptions to this privilege, such as when the communication pertains to child abuse or if the communicant waives the privilege. It is important for individuals to consult with an attorney to understand the specific applications and limitations of the clergy-penitent privilege in Delaware.

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Churches and clergy

clergy-penitent privilege

As a LegalFix Member You Will Be an Important Client of Local Law Firms

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Delaware State Code

Delaware State Code

Churches and clergy

clergy-penitent privilege

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