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December 2011 Archives

Statement to Clergy Admissible Evidence in a Child Sex Abuse Case

Tennessee law recognizes a clergy-penitent privilege, which protects the legal confidentiality (so that it cannot be used as evidence at trial) of some statements made to members of the clergy when seeking spiritual advice or counsel. However, this privilege does not apply when dealing with incidents of child sexual abuse. Nor does any other communication privilege, other than attorney-client privilege, protect the confidentiality of statements involving known or suspected child sexual abuse. This exception is statutory. It is also recently illustrated in the case of State v. Workman, E2010-02278-CCA-R3-CD (Tenn.Crim.App. 12-13-2011).

Statement to Clergy Admissible Evidence in a Child Sex Abuse Case

Tennessee law recognizes a clergy-penitent privilege, which protects the legal confidentiality (so that it cannot be used as evidence at trial) of some statements made to members of the clergy when seeking spiritual advice or counsel. However, this privilege does not apply when dealing with incidents of child sexual abuse. Nor does any other communication privilege, other than attorney-client privilege, protect the confidentiality of statements involving known or suspected child sexual abuse. This exception is statutory. It is also recently illustrated in the case of State v. Workman, E2010-02278-CCA-R3-CD (Tenn.Crim.App. 12-13-2011).

Statement to Clergy Admissible Evidence in a Child Sex Abuse Case

Tennessee law recognizes a clergy-penitent privilege, which protects the legal confidentiality (so that it cannot be used as evidence at trial) of some statements made to members of the clergy when seeking spiritual advice or counsel. However, this privilege does not apply when dealing with incidents of child sexual abuse. Nor does any other communication privilege, other than attorney-client privilege, protect the confidentiality of statements involving known or suspected child sexual abuse. This exception is statutory. It is also recently illustrated in the case of State v. Workman, E2010-02278-CCA-R3-CD (Tenn.Crim.App. 12-13-2011).

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