Military Clergy Privilege

Alexander Dushku ADUSHKU at KMCLAW.COM
Mon Nov 12 16:27:58 PST 2001


Under Rule 503 of the military rules of evidence, confidential communications to clergy are privileged.  No exception is made for child abuse or other difficult situations.  Some states where servicemen are stationed have mandatory child abuse reporting statutes.

Questions:  If a military clergyman receives a confidential confession of child abuse from a serviceman that is privileged under Rule 503, but does so in a state with a mandatory reporting statute, is the clergyman bound in any way by the state law?  Does it make a difference whether the communication occurs on or off the military base?



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