In
Ronchi v. State of Florida, (FL App., June 15, 2018), a Florida state appellate court held that it would violate Florida's Religious Freedom Restoration Act to require a Catholic priest, Fr. Vincenzo Ronchi, to testify about a sex abuse victim's statements made during a confession, even though the victim had waived the priest-penitent privilege. The alleged abuse occurred when the victim was 7 and 13. She was 18 when the trial of her abuser was to take place. In quashing the trial court's order that the priest testify, the appellate court said in part:
.. [I]f Ronchi complies with the State’s demand that he testify as to his communications with the alleged victim during the Sacrament of Reconciliation, Ronchi would be forced to engage in conduct that is prohibited by the Catholic Church (and, indeed, would subject him to possible excommunication from the Church). Thus, the trial court’s order can only be upheld if the State establishes that coercing Ronchi’s testimony furthers a compelling governmental interest and is the least restrictive means to further that interest.
Here, it is undisputed that the State has a compelling governmental interest in prosecuting sex offenses perpetrated against children....
However, we disagree with the State’s contention that coercing Ronchi to testify ... would be the least restrictive means to further its compelling governmental interest of prosecuting Burton. First, as the State acknowledges, the testimony of Ronchi would, at most, be corroborative evidence.... Second, this case does not involve a child victim who, because of his or her tender age, might be unable to adequately testify as to the alleged sexual abuse. The alleged victim in this case is now an adult, and there is nothing in the record that suggests that she would be unable to testify as to the relevant events.
