The Catholic Church has sought to balance reform and reliance on tradition. One of those traditions is the confession, where a congregant may confess his or her sins to a priest, and that confession may be held in confidence by the priest. However, that confession has been called into question as a means of covering up child sex abuse by Catholic clergy members.
Washington state has passed a new law that makes clergy members mandatory reporters, regardless of whether they learn of abuse during confession. The law would require the clergy to report instances of child abuse or neglect even during confession, though they would not be compelled to testify in a court case or criminal proceeding. Existing state law already requires teachers and health care workers to disclose suspected child abuse or neglect.
Most states make clergy mandatory reporters, but those states exempt what is heard in confession. However, Washington has joined a handful of states that would not include a carve-out for confession, including New Hampshire and West Virginia. Catholic leaders have argued that confession is so vital to the Catholic faith that priests can be excommunicated for breaking the seal.
Priests Should Have the Same Privileges as Other Forms of Privilege
Catholic churches contend that the priest-penitent privilege should be given the same status as other historic privileges, such as the attorney-client privilege. Opponents argue that abusers would no longer be able to freely confide and seek forgiveness without such privilege. Priests would have to choose between breaking the sacred seal of confession or facing jail time.
Proponents of the bill contend that extending the mandated reporting to confession would help protect children. If children confide in a religious leader that they are being mistreated, they can trust that person will do something to help. Moreover, abusers would no longer be able to hide behind the privilege if and when they are investigated for abusing children.
The Catholic churches allegedly want the priest-penitent privilege to have the same boundaries as the attorney-client privilege. This is reasonable since practicing Catholics hold priests with the same degree of trust as attorneys.
However, the attorney-client privilege is not unlimited. In many states, attorneys are still required to report conversations to law enforcement if the attorney reasonably believes that a client is about to commit a crime that the lawyer reasonably believes could result in death or substantial bodily injury. Attorneys are not required to report crimes that have already been committed, but may be required to report a crime that is about to be committed.
If a client tells an attorney he or she has abused a child in the past, that conversation is confidential. However, if the client informs the lawyer that he or she is about to abuse a child, then the attorney may be required to disclose that information to law enforcement, depending on the specific details that are known.
That same privilege and its limitations should be extended to priests. If an abuser seeks forgiveness for a sin he or she has already committed, then the priest should maintain confidentiality. However, if the abuser discloses that he or she is planning to abuse or is currently abusing a child, then the priest should notify law enforcement so that the child can be protected.
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