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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 Virginia, the clergy-penitent privilege is recognized and codified in the Virginia Code under Section 19.2-271.3. This statute provides that a person has a privilege to refuse to disclose, and to prevent a clergy member from disclosing, any confidential communication made to the clergy member in their professional capacity as a spiritual advisor. The privilege applies to ministers, priests, rabbis, and other similar functionaries of a religious organization. However, the privilege is not absolute and may be waived if the person who made the confession or confided in the clergy member consents to the disclosure. Additionally, there are certain exceptions to the privilege, such as when the communication pertains to child abuse or neglect, which clergy are mandated to report under Virginia law. It is important for individuals to consult with an attorney to understand the specific applications and limitations of the clergy-penitent privilege in their particular circumstances.

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Churches and clergy

clergy-penitent privilege

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Virginia State Code

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Churches and clergy

clergy-penitent privilege

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