{"id":964,"date":"2019-06-13T15:34:46","date_gmt":"2019-06-13T15:34:46","guid":{"rendered":"https:\/\/www.awkolaw.com\/?p=964"},"modified":"2023-06-26T21:50:54","modified_gmt":"2023-06-26T21:50:54","slug":"speak-no-evil-catholic-priests-remain-silent-on-confessions-of-sexual-abuse","status":"publish","type":"post","link":"https:\/\/www.awkolaw.com\/speak-no-evil-catholic-priests-remain-silent-on-confessions-of-sexual-abuse\/","title":{"rendered":"Speak No Evil: Catholic Priests Remain Silent on Confessions of Sexual Abuse"},"content":{"rendered":"

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The Catholic confessional: site of anguish, embarrassment, moral reckoning, redemption and relief. The Sacrament of Confession offers congregants around the world the opportunity to unburden their consciousness and experience forgiveness. Parishioners relay their sins in relative anonymity, trusting that their secrets will be held in confidence by their priest. This trust is well-founded: according to church law, a priest who shares a penitent\u2019s confession will be excommunicated \u2013 effectively barred from employment and participation in organized religious life. Further, the \u201cclergy-penitent privilege\u201d protects priests from disclosing congregants\u2019 confessions \u2013 no matter the nature of these divulgences \u2013 to legal authorities. But the rash of recent media reports implicating the Catholic church in the protection of predatory clergy and the cover-up of their chronic sexual abuse has spurred advocates and some lawmakers to challenge the responsibilities of priests in the confessional.<\/p>\n

Clergy are considered mandated reporters in many \u2013 but not all \u2013 states. Mandated reporters are required to report confirmed or suspected cases of child abuse to law enforcement; those who fail to disclose may face criminal charges. But in all but six states, priests are protected by the \u201cseal of confession\u201d \u2013 during confession, they can listen to their congregants\u2019 reports of sexual abuse and not do a thing about it. In an effort to address growing concerns about sexual abuse in the church, Pope Francis recently decreed that Catholic priests and nuns must report sexual abuse perpetrated by clergy, as well as efforts to hide these violations, to church officials. According to NBC News, David Clohessy, former director of Survivor Network of those Abused by Priests (SNAP), is skeptical of the efficacy of these mandates. Clohessy contends, \u201cWe\u2019re disappointed that the pope still refuses to simply tell church employees they must call the police. Any policy or pledge that still largely enables the Catholic hierarchy to handle crimes internally is doomed to continue both abuse and cover-up.\u201d<\/p>\n

The recent passage of bill SB 360 by the California Senate suggests that many lawmakers agree with Clohessy\u2019s critique of the church\u2019s ability to self-regulate. If this bill becomes law, priests who hear fellow priests or church employees confess sexual abuse \u2013 or suspect abuse based on the confession \u2013 would be required to disclose the information to law enforcement. But even this bill limits the scope of reporting requirements, excluding the confessions of congregants. And the bill faces opposition from within the Catholic Church itself. According to Mercury News<\/em>, the California Catholic Conference objects to the proposed legislation, \u201carguing it will not help protect children and dangerously weaken religious freedom by \u2018interjecting the government into the confessional.\u2019\u201d According to the bill\u2019s author, Sen. Jerry Hill, D-San Mateo, there is no conflict between religious liberty and a law that requires priests to help protect children by reporting confessions of sexual abuse.<\/p>\n

Our attorneys use civil law to hold perpetrators of sexual abuse \u2013 and the institutions that support them \u2013 accountable. If you or someone you know has been abused by a church official, please contact us today for a free consultation.<\/p>\n

Sources and Resources:<\/p>\n