Should Priests Report Serious Crimes Confided In Confession

[BNR32FAN]

This law is not (yet) Australia wide but has been passed or is being considered in several Australian states. It's one of several hundred recommendations coming out of a five year investigation into institutional child abuse and institutional cover-up in Australia. It's worth noting that child abuse was found to be endemic to many Christian institutions - not just Catholic.

It might surprise you to hear that this type of law is not unique to Australia. In 2015, Ireland passed a similar law requiring that confessional confidence be breached to report child abuse. Ireland's law also came about as a consequence of lengthy investigations into child abuse.

There are also similar laws in the U.S.. Six U.S. States (plus Guam) have laws denying clergy penitent privilege in cases of child abuse or neglect (New Hampshire, West Virginia, North Carolina, Oklahoma, Rhode Island, and Texas).
OB

I’m curious if psychiatrists are obligated to report child abuse also because the confidentiality is pretty much the same as confession.

 

[BNR32FAN]

I do psychotherapy for a living. One expects confidentiality when going to see a therapist yet we are obligated to report child abuse as well as threats of harm to someone. Sorry, but I think priests should be held to the same standard otherwise they are complicit in ongoing child abuse or the assault or murder of someone.

https://www.casebriefs.com/blog/law...rasoff-v-regents-of-university-of-california/

Lol I just asked this question before I read your post.

 

[BNR32FAN]

I do psychotherapy for a living. One expects confidentiality when going to see a therapist yet we are obligated to report child abuse as well as threats of harm to someone. Sorry, but I think priests should be held to the same standard otherwise they are complicit in ongoing child abuse or the assault or murder of someone.

https://www.casebriefs.com/blog/law...rasoff-v-regents-of-university-of-california/

Honestly I think God would rather we protect the innocent rather than protect the sinner. If we must make a choice I believe that would be the right choice.

 

[~Anastasia~]

I agree with that concept, but what, practically speaking, does "no absolution mean?" That's an honest question--what happens then?

In my mind, it seems "no absolution" in a case like this should result in a Matthew 18/1 Corinthians 5 response...which would essentially result in "outing" the offense, because to make it work, that congregation and all other congregations would have to know about it.

One of the purposes of confession is absolution.

Of course, God is the one who forgives, and HE knows if repentance is genuine. So if someone managed to fake the priest, absolution likely would have no grace anyway. (I've never asked though, I'm guessing.) But it follows where Jesus says - the sins of those you forgive are forgiven, those you retain are retained.

Catholics have a more structured and legal sense of Confession - it's absolutely required for certain sins or they risk salvation. We (Orthodox) don't define all that, or absolutely require confession, but we do regard it as a Sacrament which conveys the grace of God.

To withhold absolution means no grace from God in the situation. And I'm guessing that if you confess to a priest who then refuses absolution, you are in a worse position than if you'd just confessed to God. But again, without real repentance - God is not mocked.

I'm just speaking theoretically. Only God knows the heart in the end.

 

[RDKirk]

One of the purposes of confession is absolution.

Of course, God is the one who forgives, and HE knows if repentance is genuine. So if someone managed to fake the priest, absolution likely would have no grace anyway. (I've never asked though, I'm guessing.) But it follows where Jesus says - the sins of those you forgive are forgiven, those you retain are retained.

Catholics have a more structured and legal sense of Confession - it's absolutely required for certain sins or they risk salvation. We (Orthodox) don't define all that, or absolutely require confession, but we do regard it as a Sacrament which conveys the grace of God.

To withhold absolution means no grace from God in the situation. And I'm guessing that if you confess to a priest who then refuses absolution, you are in a worse position than if you'd just confessed to God. But again, without real repentance - God is not mocked.

I'm just speaking theoretically. Only God knows the heart in the end.

I'm pointing out, though, that scripturally there are also supposed to be real-world repercussions to hurting ("offending," "sinning against") someone and refusing to repent.

 

[~Anastasia~]

I'm pointing out, though, that scripturally there are also supposed to be real-world repercussions to hurting ("offending," "sinning against") someone and refusing to repent.

I think I see what you mean.

Elders in the Church must use wisdom for what is best in each situation.

The situation you describe from Scripture, someone has a complaint they were injured and they want addressed. They try to work it out. It doesn't work. They involve an elder. It still doesn't work. Then it can be appropriate to note that there is a problem in the body.

The situation where someone comes to the elder, having sinned himself, is slightly different. Confession used to be public in the early Church, but it was soon apparent that this could damage the body in many ways. Someone might not have the grace to know a brother sinned in a certain way and forgive them. So the one who learns of the sin is damaged - now you've caused him to hold unforgiveness. It's not always a good idea to air every bit of everyone's dirty laundry in public.

What is best for everyone involved is ideally the way to proceed. And that can vary in different situations.

Of course in the case of one who has a predisposition to prey sexually on children, it is a primary concern to make sure children are safe from such a person. But helping them to overcome that issue or at least resist temptation and learn not to put themselves in a dangerous situation (as well as truly repent) is also part of the care for souls.

The elders have to be concerned for all. Hopefully they are not put in a position of having to decide between persons. Finding a solution that helps everyone is better.

 

[~Anastasia~]

But I will add that in the beginning, I also said that in my opinion, the priest should withhold absolution on condition of the person turning himself in and facing real-world consequences.

 

[Paidiske]

In this case, I'd say the local authorities have overstepped their jurisdiction, as they also claim to practice separation of Church and State.

Actually... Australia has no formal legal separation of Church and State. Our constitution says we can't have an Established (State) church, but that's it. Which is why, for example, you get religious instruction and chaplains in public schools here, which I gather wouldn't fly in America.

 

[~Anastasia~]

Actually... Australia has no formal legal separation of Church and State. Our constitution says we can't have an Established (State) church, but that's it. Which is why, for example, you get religious instruction and chaplains in public schools here, which I gather wouldn't fly in America.

That was the intent in the US originally - that the government was not to establish a set religion (I think they mostly had denominations in mind).

But people have argued so many things with it that it no longer means what it was intended.

 

[Par5]

I don't believe there is much chance of priests reporting a criminal act heard in confession when you consider that Catholic bishops have on many occasions moved known paedophile priests to another parish or sent them to rest homes rather than report them to the authorities.
The pope is on a papal visit to my own country at this very moment, but his reception has been nowhere near the hysteria that greeted the pope on the last papal visit 40 years ago. This has much to do with the stench of priest child abuse that hangs over the church and the church's inept dealing with the situation. Goodness knows how many victims of clergy child abuse are still waiting to receive justice.

 

[~Anastasia~]

Not all priests are Catholic. And while I can understand that the grievous situation in the Catholic Church has promoted these kinds of questions, I can at least hope they are taking steps to prevent such things happening in the future.

 

[loveofourlord]

I think at this point the catholic church has lost all right to handle it themselves, when their handling it seems to be move thm elsewhere, the level and scope of the sexual abuse shows they are incompetent to deal with this in any moral way.