US churches do not have to report child rapes.

[Zoii]

In 2020, the Supreme court in Montana determined that reports to church officials of rape and child sexual abuse are not necessarily obliged to report the offence to law enforcement. The unanimous decision of the US Supreme court found for Jehova witnesses setting precedence for all other religious institutions.
Montana Court Reverses $35 Million Child Abuse Verdict Against Jehovah's Witnesses

 

[spiritfilledjm]

This is completely wrong and I disagree with the courts decision, but just so you are aware, every state has different reporting requirements. The state of Indiana, for instance, requires anyone who has been informed of allegations to report it and they can do so anonymously.

 

[Zoii]

This is completely wrong and I disagree with the courts decision, but just so you are aware, every state has different reporting requirements. The state of Indiana, for instance, requires anyone who has been informed of allegations to report it and they can do so anonymously.

It was my understanding that in all US states, the catholic church, for example, was categoric that disclosure of child rape within the confessional, would not be reported to the police and that this decision in Montanna provided strength to their position.

 

[Tinker Grey]

It was my understanding that in all US states, the catholic church, for example, was categoric that disclosure of child rape within the confessional, would not be reported to the police and that this decision in Montanna provided strength to their position.

I believe that the Catholic church has an exemption for the confessional, as you say. (I certainly think that's wrong.) But, at least here in Texas, if a child reports abuse to some level of credibility the church is obligated to report it. Psychiatrists and psychologists are required to report if a person is a danger to themselves or others. Once, the police came and escorted us to take our daughter to the local psych facility.

So, yeah, it's different in different places.

 

[spiritfilledjm]

It was my understanding that in all US states, the catholic church, for example, was categoric that disclosure of child rape within the confessional, would not be reported to the police and that this decision in Montanna provided strength to their position.

Different states have different laws. I do not believe, off the top of my head so I could be wrong, that there are any exemptions allowed in these states that do require it. Of course, this could be appealed up to the US Supreme Court but at this point it has not or else the state court rulings would not matter.

 

[Halbhh]

Vatican now says bishops should report sex abuse to police whether bound by law or not
Vatican now says bishops should report sex abuse to police whether bound by law or not

United States Conference of Catholic Bishops:
HOW TO REPORT ABUSE
If you suffered abuse, it was not your fault. If you are a victim of sexual abuse by a priest, deacon, or individual representing the Catholic Church, there are several things you can do:

• Contact the appropriate law enforcement agency, which can help determine options for making a criminal complaint.
  
• Contact a local child protection agency, a private attorney, a support group, an abuse hotline, or a mental health professional.
• 
  
• Contact a diocesan or eparchial victim assistance coordinator who is available to help victims/survivors make a formal complaint of abuse to the diocese or eparchy. The Victim Assistance Coordinator is also available to arrange a personal meeting with the bishop or his representative and to obtain support for the needs of the individual and families.

How to Report Abuse | USCCB

I knew about this change in the Catholic official position to begin reporting abuse to the police because it was repeatedly publicized at one point a few years back, and occasionally since, in a variety of sources and news articles.

It was my understanding that in all US states, the catholic church, for example, was categoric that disclosure of child rape within the confessional, would not be reported to the police and that this decision in Montanna provided strength to their position.

I believe that the Catholic church has an exemption for the confessional, as you say. (I certainly think that's wrong.) But, at least here in Texas, if a child reports abuse to some level of credibility the church is obligated to report it. Psychiatrists and psychologists are required to report if a person is a danger to themselves or others. Once, the police came and escorted us to take our daughter to the local psych facility.

So, yeah, it's different in different places.

 

[Tinker Grey]

Vatican now says bishops should report sex abuse to police whether bound by law or not
Vatican now says bishops should report sex abuse to police whether bound by law or not

United States Conference of Catholic Bishops:
HOW TO REPORT ABUSE
If you suffered abuse, it was not your fault. If you are a victim of sexual abuse by a priest, deacon, or individual representing the Catholic Church, there are several things you can do:

• Contact the appropriate law enforcement agency, which can help determine options for making a criminal complaint.
  
• Contact a local child protection agency, a private attorney, a support group, an abuse hotline, or a mental health professional.
• 
  
• Contact a diocesan or eparchial victim assistance coordinator who is available to help victims/survivors make a formal complaint of abuse to the diocese or eparchy. The Victim Assistance Coordinator is also available to arrange a personal meeting with the bishop or his representative and to obtain support for the needs of the individual and families.

How to Report Abuse | USCCB

I knew about this change in the Catholic official position to begin reporting abuse to the police because it was repeatedly publicized at one point a few years back, and occasionally since, in a variety of sources and news articles.

Does this apply to something someone confessed to in the confessional? It doesn't appear to.

 

[Halbhh]

Does this apply to something someone confessed to in the confessional? It doesn't appear to.

I'd assume not, but if a person is sexually abused by a priest or other church member, they don't confess it I'd expect, but instead they report it.

 

[Sketcher]

In 2020, the Supreme court in Montana determined that reports to church officials of rape and child sexual abuse are not necessarily obliged to report the offence to law enforcement. The unanimous decision of the US Supreme court found for Jehova witnesses setting precedence for all other religious institutions.
Montana Court Reverses $35 Million Child Abuse Verdict Against Jehovah's Witnesses

That's the Montana state Supreme Court, not the US Supreme Court. It could be appealed.

Also, from the decision which your article linked:

Under § 41-3-201(6)(b), MCA, clergy are not required to report known or
suspected child abuse if the knowledge results from a congregation member’s
confidential communication or confession and if the person making the statement does
not consent to disclosure.

and:

This Court’s task is to interpret what is contained in the reporting statute as written
by the Legislature. We do not opine whether that body could have made a different
policy choice that would afford greater protection to child victims. The Legislature is the
appropriate body to entertain such policy arguments.

 

[Hazelelponi]

That's the Montana state Supreme Court, not the US Supreme Court. It could be appealed.

Also, from the decision which your article linked:


and:

That helps - I couldn't open the link.

So this still relates to confession (event of which could have taken place long ago) which the person is seeking some form of religious guidance concerning...

I do personally think if there is imminent danger it should be reported, much like with psychiatrists... but like they said, that type of thing concerns legislation, a thing court's don't do.

 

[grasping the after wind]

In 2020, the Supreme court in Montana determined that reports to church officials of rape and child sexual abuse are not necessarily obliged to report the offence to law enforcement. The unanimous decision of the US Supreme court found for Jehova witnesses setting precedence for all other religious institutions.
Montana Court Reverses $35 Million Child Abuse Verdict Against Jehovah's Witnesses

Don't confuse the State of Montana with the entire US.

 

[Zoii]

Don't confuse the State of Montana with the entire US.

My greatest concern is not what state such practices are upheld within the courts, but rather that they still prominently exist within religious organisations, particularly those whose practices evolve from closed conservative communities (such as Mormons, JWs, Dutch reform etc) or closed practices such as the catholic seal of the confessional. Closed communities have been found to be reservoirs of unreported abuses. Hence the decision within a supreme court in your country overrule mandatory reporting practices, only emboldens abusive behaviour.

 

[Abaxvahl]

In 2020, the Supreme court in Montana determined that reports to church officials of rape and child sexual abuse are not necessarily obliged to report the offence to law enforcement. The unanimous decision of the US Supreme court found for Jehova witnesses setting precedence for all other religious institutions.
Montana Court Reverses $35 Million Child Abuse Verdict Against Jehovah's Witnesses

Seems fine to me. The Lord Jesus said to first go to the brother who sinned against you personally, then with others, then the Church, and finally if they be incorrigible then to treat them as a heathen and tax collector (although even love is owed to these). The Lord did not say "first bring it to the government." This also for groups such as the Catholic Church would be relevant to the Seal of Confession which can not be broken.

 

[BNR32FAN]

In 2020, the Supreme court in Montana determined that reports to church officials of rape and child sexual abuse are not necessarily obliged to report the offence to law enforcement. The unanimous decision of the US Supreme court found for Jehova witnesses setting precedence for all other religious institutions.
Montana Court Reverses $35 Million Child Abuse Verdict Against Jehovah's Witnesses

Im curious if the same rule applies to psychiatrists and their patient confidentiality laws? My position on this is that the protection of the innocent should always take precedence over the protection of the guilty. I think they should be reported and face criminal charges.

 

[partinobodycular]

My position on this is that the protection of the innocent should always take precedence over the protection of the guilty.

Or the protection of religious freedoms?

Of course religions always have presumed themselves to be above the law, and morality too at times.

 

[BNR32FAN]

Seems fine to me. The Lord Jesus said to first go to the brother who sinned against you personally, then with others, then the Church, and finally if they be incorrigible then to treat them as a heathen and tax collector (although even love is owed to these). The Lord did not say "first bring it to the government." This also for groups such as the Catholic Church would be relevant to the Seal of Confession which can not be broken.

So give them another chance to do it again? I think it’s more important to protect the innocent children rather than the guilty adult.

 

[BNR32FAN]

Or the protection of religious freedoms?

Of course religions always have presumed themselves to be above the law, and morality too at times.

Religious freedoms do not include rape or indecency with a child.

 

[Larniavc]

In 2020, the Supreme court in Montana determined that reports to church officials of rape and child sexual abuse are not necessarily obliged to report the offence to law enforcement. The unanimous decision of the US Supreme court found for Jehova witnesses setting precedence for all other religious institutions.
Montana Court Reverses $35 Million Child Abuse Verdict Against Jehovah's Witnesses

Oh, America. Further into the Dark Ages with every decision.

 

[Larniavc]

Vatican now says bishops should report sex abuse to police whether bound by law or not

By and large there is enough evidence to say that reporting things unless absolutely forced to by law is not high on the Catholic agenda.

 

[partinobodycular]

Religious freedoms do not include rape or indecency with a child.

It would seem that they do, at least as far as reporting such things to civil authorities is concerned.