Should religious leaders be held responsible for disclosing to law enforcement knowledge that church members are committing acts of sexual abuse? On Friday, Arizona Judge Timothy Dickerson answered no.
Dickerson’s end-of-week ruling dismissed a high-profile child sexual abuse lawsuit against the Church of Jesus Christ of Latter-day Saints on the basis of the state’s clergy-penitent privilege.
Clergy-penitent privilege is a legal privilege that protects information from being disclosed in criminal proceedings, such as in a deposition, if that information was obtained during a confidential conversation between clergy and penitent. This privilege allows those seeking clergy counsel to communicate freely with their religious leaders with the understanding that information shared in a counseling session or other private setting will not be disclosed without their express consent, even if that information contains the confession or discovery of a crime.
This privilege was relevant to Dickerson’s ruling because the case involved the disclosure to multiple…
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