Confess Your Sins - Go to Prison

[Joe Guy]

In the local free newspaper I read an article on Thursday, July 15th about a teacher who confessed to her pastor that she recently had sex with a 16 year old boy. The pastor contacted the authorities and - to make a long story short, she has pleaded 'no contest' and faces one year in jail.

Did the pastor do the right thing?

[loCAtek]

I don't think so. He should not have absolved her of this crime, but encouraged her to turn herself in. Reporting her however, was a violation of priest-penitent privilege.

[Guinevere]

Missing fact -- did he have her consent to tell them?

If so, its fine.

If not, he violated the privilege and she could have had his statement stricken (and any further evidence the police might have gathered based on that statement). I would imagine that she could probably still revoke her "no contest" plea and get her arrest withdrawn.

[dales]

By California statute I believe he is required to report this to CPS.

Same as a LCSW, MFT, or Psychologist.

I know for sure about mental health people and it might cover clergy as well.

[loCAtek]

No, the clergy aren't covered; Priest-penitent privilege.

In these cases, a person is seeking religious counsel, not necessarily confessing to a crime. It could be a matter of the individual needing help facing their guilt, to self-acknowledge their wrong-doing. However, clergy are not part of law enforcement nor the justice system; their role is to advise in matters of the spirit.

[dales]

Fron Loca's Wiki entry:

In twenty-five states, the clergyman-communicant statutory privilege does not clearly indicate who holds the privilege. In seventeen states, the penitent's right to hold the privilege is clearly stated. In only six states, both a penitent and a member of the clergy are expressly allowed by the statute to hold the privilege.

Where's CA in the mix (if indeed this happened in CA)?

I think what the clergy dude did was wrong.

[loCAtek]

Joe provided no link, but the admission has to also specifically be made as 'spiritual counsel' in private, with the priest at his full capacity; that is during 'pastoral communications"and not a statement at any other time.

More detail

[Joe Guy]

The article says that it took place in Redwood City, CA.

I couldn't find a link. The paper doesn't currently have a website.

[BoSoxGal]

I'm guessing that CA is a state where the pastor's obligation to report child abuse trumped any pastoral privilege that existed, which is limited in most jurisdictions in any case.

The tell-tale heart will get ya everytime.

[Lord Jim]

It seems to me it would be ridiculous if the privilege in the pastor penitent relationship didn't attach to the the penitent,,,,

With out that, what point does the privilege have?

The Doctor patient privilege attaches to the patient; the lawyer client privilege attaches to the client...

Why would this be any different?

And beyond the legal standards, different religions also have different codes of conduct expected from its ministers in this situation.

[dales]

Reverse the role of the sexes in this sordid tale and see what happens.

[Gob]

Surely if the kid was 16 he was above the age of consent?

[Lord Jim]

Surely if the kid was 16 he was above the age of consent?

Strop, you know very well that the age of consent in this country in most states is 18....

[SisterMaryFellatio]

She told someone they grassed her up...who cares it was a Priest. He did the right thing. God would understand!

[Crackpot]

No it's not Jim



It's mostly 16

[Lord Jim]

That really surprises me...

It's funny...

Virginian, California, Florida, three states I've lived in...

All have consent ages of 18....

[Gob]

Surely if the kid was 16 he was above the age of consent?

Strop, you know very well that the age of consent in this country in most states is 18....

No I didn't, honestly. Wow...

Is there latitude for a 20 yr old and a 17 yr old fucking?

Is there gender M/M F/F restrictions?

[Jarlaxle]

The AoC is, IIRC, 17 here...16 in some states. I recall it's as low as 13 in at least one state (New Mexico...?) and 15 in a couple.

[dales]

Mississippi you can marry your first cousin at 13 years of age.

[BoSoxGal]

Here is an age of consent chart for the US - also shows if there is a gap provision and if mistake of age is a defense.

http://www.ageofconsent.us/