Statements To Pastor Not Covered By Religious Privilege

In State of New Hampshire v. Willis, (NH Sup. Ct., Aug. 21, 2013), the New Hampshire Supreme Court held that a trial court properly admitted statements a criminal defendant made to his church pastor. Defendant Ernest Willis, who was convicted on three counts of sexual assault involving a minor, argued that the religious privilege should have protected the statements. The court concluded however that one of the statements was admissible "because of the presence of [the pastor's] wife, whom the trial court found to be an ‘extraneous’ third party.” As to a second statement, made to the pastor alone, the Court concluded

whether a communication is a “confidence” within the meaning of the religious privilege depends upon the objectively reasonable expectations of the communicant, under the totality of the circumstances....  Because our law provides that any statement to a clergyperson that might be helpful in establishing child abuse is not protected by the privilege, a communicant cannot have an objectively reasonable expectation that such a statement will remain confidential.

 AP reports on the decision.