When someone is arrested, they are told that "anything they say or do can be used against them in a court of law." In general, this is true -- which is why it is important to invoke the right to remain silent and contact an attorney. However, not all testimony is allowed in court. There are certain privileges that protect some communications. One of the most important is the attorney-client privilege which facilitates your right to defend yourself.

A second very important privilege is the pastor-penitent privilege which protects communications between a pastor or priest and a person seeking spiritual guidance. The Michigan Court is set to hear a rape case in which the defendant confided with his pastor. The issue is that his mother was in the room and the prosecution is claiming that it was not for spiritual guidance.

The case arose when a girl told her mother in 2009 that an older boy had raped her. The boy that the girl named belonged to the same church, and so the mother shared the information with the pastor. The pastor then took it upon himself to summon the boy and his mother into a conference. The boy allegedly admitted to having intercourse with the girl when he was 15 years old.

The question of whether it is privileged seems to turn on three points: whether the communication was sought by the defendant, alone and for spiritual guidance. The prosecution is claiming that because the meeting was planned by the pastor, the purpose was to seek information, and the boy's mother was present, that the communication does not fit the requirements.

Defense attorneys in the state and around the country would disagree with allowing the evidence. A pastor or priest provides an important role in a church-goers life. There could be serious religious implications if a defendant had to worry about what is said to a spiritual guide.

Source: News Max, "Michigan Court to Hear Case on Pastor-Penitent Privilege," Andra Varin, Feb. 8, 2012