Richmond was convicted of sexually assaulting Krell, a woman with whom, according to the court, he had been in an “intimate relationship.” In the aftermath of the alleged criminal act, Richmond had contacted a priest, Father Dick Osing, who was also a “part-time unlicensed marriage and family counselor.” Richmond and Osing had conversed privately at an Episcopal church at which Osing was a priest. Father Osing testified at trial for the prosecution and disclosed the contents of the private discussion between Richmond and himself. Richmond appealed his conviction for sexual assault in the second degree on the grounds that Father Osing’s testimony should have been excluded at the trial because of the communications with clergy privilege. The facts showed that Richmond had contacted Father Osing for “advice on his relationship with Krell.”