Castano v. State
The Third DCA addressed, as a matter of first impression in Florida, whether the clergy communication privilege under section 90.505 applies when a third-party family member is included in the communication during family counseling. The court held that where a spouse's inclusion in a communication to a pastor was necessary and in furtherance of family counseling, the privilege applies and was not waived, reversing the defendant's sexual-abuse convictions where the pastor's testimony was erroneously admitted. The court affirmed the unrelated domestic-incident convictions, finding the error harmless as to those counts only.
Key facts
- Defendant Castano was charged with sexual abuse and domestic violence offenses; the trial court admitted testimony from a pastor regarding communications between Castano, his wife, and the pastor during family counseling sessions.
- Castano claimed the clergy communication privilege under Florida Statute section 90.505 protected those communications, arguing his wife's presence was necessary and in furtherance of family counseling, not a waiver of the privilege.
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Why it matters
This is an issue of first impression in Florida on how the clergy-communication privilege applies to family or group counseling settings, providing a framework (whether a third party's presence was 'necessary and… — full analysis with a trial
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