Toronto Escorts

Catholic bishops in AUS reject laws forcing priests to report sex abuse confessions

Charlemagne

Well-known member
Jul 19, 2017
15,451
2,484
113
Catholic bishops in Australia reject laws forcing priests to report sex abuse confessions

Measure 'won't make children safer' and 'will most likely undermine religious freedom,' church official says

Thomson Reuters · Posted: Aug 31, 2018 8:22 AM ET | Last Updated: August 31

The Catholic Church in Australia said Friday it would oppose laws forcing priests to report child abuse when they learn about it in the confessional, setting the stage for a showdown between the country's biggest religion and the government.

Pope Francis, leader of the world's 1.3 billion Catholics, is facing sexual abuse crises in several countries and the stance taken by the Australian bishops reflected the abiding, powerful influence conservatives in the church.

Visiting Ireland earlier this week, Pope Francis begged forgiveness for the multitude of abuses suffered by victims in Ireland, and he has promised no more coverups.

Their stance is the classic tension between canon law, and their sense that there is some sort of higher, transcendent entity, and common law.
- Andrew Singleton, professor of philosophy

The Australian Catholic Bishops Conference (ACBC), the country's top Catholic body, said it did not accept a recommendation from an official inquiry that would force priests by law to report abuse to the police when they hear about it in confession.

Two of Australia's eight states and territories have since introduced laws making it a crime for priests to withhold information about abuse heard in the confessional, while the others have said they are considering their response.

"This proposed law is ill conceived, and impracticable, it won't make children safer and it will most likely undermine religious freedom," ACBC President Mark Coleridge told reporters in Sydney, referring to the sanctity of the confessional.

Practice is 'non-negotiable'

The seal of confession was "a non-negotiable element of our religious life and embodies an understanding of the believer and God," Coleridge added.

Twenty-two per cent of Australians are Catholic, and the move sets up a rare schism between the church and the government in a country that adheres to a secular constitution.

Andrew Singleton, professor of philosophy at Deakin University in the state of Victoria, said the bishops' response reflected a disconnect in Australia between religious and secular sensibilities.

"Their stance is the classic tension between canon law, and their sense that there is some sort of higher, transcendent entity, and common law," Singleton said.

Last year, Australia ended a five-year government inquiry into child sex abuse in churches and other institutions, amid allegations worldwide that churches had protected paedophile priests by moving them from parish to parish.

The inquiry heard seven percent of Catholic priests in Australia between 1950 and 2010 had been accused of child sex crimes and nearly 1,100 people had filed child sexual assault claims against the Anglican Church over 35 years.

Accusations of coverups in the church have reverberated all the way to Pope Francis, who has been accused by a United States archbishop of knowing for years about sexual misconduct by an American cardinal and doing nothing about it.

Victims 'quite disappointed'

The ACBC's opposition runs against laws which take effect in South Australia, the country's fifth-biggest state, in October, and in the Australian Capital Territory (ACT) from April 2019.

Representatives of the attorneys general of South Australia and ACT were not immediately available for comment.

Larger New South Wales and Victoria states have said they are considering the recommendation, while Western Australia has promised a similar law. Queensland, the third-largest state, has never exempted priests from mandatory reporting of abuse.

We are aware of at least one instance where the confession has been misused.
- Clare Leaney, In Good Faith Foundation CEO

The stance taken by the Australian bishops also runs against the position taken by their Church's chief adviser on child abuse complaint handling, Francis Sullivan, who said in 2017 that "priests, like everybody else, will be expected to obey the law or suffer the consequences."

Sullivan was unavailable for comment on Friday.

Clare Leaney, CEO of In Good Faith Foundation, a victim support group, described the bishops' decision as "more of the same."

"I've spoken to a number of survivors ... who said they were actually quite disappointed," Leaney said. "We are aware of at least one instance where the confession has been misused."

The ACBC report came two weeks after a former Australian archbishop became the most senior Catholic cleric in the world to be convicted of concealing abuse, and was ordered to serve a one-year prison sentence at home.

The convicted former archbishop of Adelaide, Philip Wilson, himself a former ACBC president, was found to have failed to report child abuse outside the confessional. He filed an appeal against his conviction on Thursday.

Australia's former prime minister Malcolm Turnbull had been scheduled to deliver a rare public apology to victims of sexual abuse on Oct. 22, but he was ousted by his party earlier this month.

https://www.cbc.ca/news/world/catholic-bishops-australia-reject-confession-abuse-reporting-1.4805980?cmp=FB_Post_News
 

Aardvark154

New member
Jan 19, 2006
53,773
3
0
This is a very Roman Catholic perspective as to the sanctity of confession. I'm pretty sure you would find that the various Orthodox Churches in Australia have a very similar opinion.

To no great surprise the Anglican Church of Australia is more nuanced (wishy-washy). So while in 1989 it restated the Sanctity of Confession, at the same time it said that a Diocese may by ordinance permit or require Priests to reveal crimes or offences or sins which involve the sexual abuse of a minor.
 

mandrill

Well-known member
Aug 23, 2001
71,069
70,443
113
The larger issue is the extent to which modern-day Western democracies are over-riding legal privilege where sexual abuse of a minor is concerned. Off the top of my head, doctor-patient privilege and priest-penitent privilege are now dead on ON where child abuse disclosures are concerned and even solicitor-client privilege is looking a little shaky. The Catholic Church is on VERY shaky ground on this one.

It's bad enough that the church not disclose child abuse confessed by unaffiliated third party parishioners. MANY modern day voters will consider the RCC's doctrines of confession as "Medieval mumbo-jumbo garbage" and weigh them far less heavily than the need to protect society's children. But throw in that the Church itself is justifiably perceived to be a nest of child abuse and the widespread suspicion that priest-penitent privilege will simply be utilized as a tactic to justify Father O' Toole not having to report Father Giuseppe's child abuse and vice versa and you are going to get the church kick-slammed over and over at the polls and in the courts on this issue.

It's time for a little common sense and social responsibility to permeate the cloisters.
 

Aardvark154

New member
Jan 19, 2006
53,773
3
0
^ As you likely know it hasn't yet entirely reached that point in the U.S. The physician-patient privilege is indeed largely if not entirely gone when it comes to sexual abuse/assault -- but of then again the circumstance for reporting is almost entirely I've just seen a victim, rather than my patient just told me that they have sexually assaulted. . . As of three years ago 13 States : New Hampshire, Connecticut, Indiana, Nebraska, New Jersey, Tennessee, Mississippi, West Virginia, North Carolina, Oklahoma, Rhode Island, and Texas, do not allow for an assertion of the Clergy - Penitent Privilege in cases of suspected child abuse or neglect the other 36 do allow it. It is, however, an issue where an intelligent Cleric will call whatever their denomination's equivalent of a Chancellor is and ask for advice! The Attorney-Client Privilege remains quite strong.

Interestingly in the U.S. the confessional privilege only dates back to the early nineteenth century and the 1813 New York case People v. Philips.
It is in very great measure a legacy of Irish Roman Catholic immigration to the U.S.
 
Toronto Escorts