Should clergy be excluded from reporting abuse?

[Dao Hao Now]

I came across this report of a lawsuit filed against a church for not reporting child sexual abuse they were knowledgeable about and were aware was ongoing for years.

It was thrown out based on a loophole in state reporting laws;
“Church defendants were not required under the Mandatory Reporting Statute to report the abuse of Jane Doe 1 by her father because their knowledge of the abuse came from confidential communications which fall within the clergy-penitent exception,”

“The AP found that 33 states exempt clergy of any denomination from laws requiring professionals such as teachers, physicians, and psychotherapists from reporting information about child sex abuse to police or child welfare officials if the abuse was divulged during a confession.”

I would be interested in the opinions of those who attend religious institutions if they are OK with these exemptions and why?

 

[Dao Hao Now]

Sorry, I neglected to include the link to the news article.
Here it is:

Court cites clergy-penitent privilege in dismissing child sex abuse lawsuit against Mormon church

An Arizona Superior Court judge has dismissed a high-profile child sexual abuse lawsuit against The Church of Jesus Christ of Latter-day Saints, ruling that church officials who knew that a church member was sexually abusing his daughter had no duty to report the abuse to police or social service ag

apnews.com

 

[flowerpower]

They absolutely should NOT be excluded from reporting abuse.

These institutions are the last places that should be exercising authority on the matter too.

 

[Shadow Wolf]

As someone who's worked with kids, as someone with a moral compass and conscience, it is a problem and evil that some give clergy an exemption from a duty and responsibility that comes with being in a positionof authority and guidance and taking care of people.

 

[Viker]

In the case of an actual crime there should be no exemption. If a religious authority knows of any crime they should immediately report it, instead of covering it up and allowing it and others like it to continue. Their misconception is that it may violate a member's privacy and the crime could tarnish the religious establishment's image. Covering it up and permitting it to continue makes things worse for everyone involved, especially the victims.

 

[Heyo]

I came across this report of a lawsuit filed against a church for not reporting child sexual abuse they were knowledgeable about and were aware was ongoing for years.

It was thrown out based on a loophole in state reporting laws;
“Church defendants were not required under the Mandatory Reporting Statute to report the abuse of Jane Doe 1 by her father because their knowledge of the abuse came from confidential communications which fall within the clergy-penitent exception,”

“The AP found that 33 states exempt clergy of any denomination from laws requiring professionals such as teachers, physicians, and psychotherapists from reporting information about child sex abuse to police or child welfare officials if the abuse was divulged during a confession.”

I would be interested in the opinions of those who attend religious institutions if they are OK with these exemptions and why?

I don't attend religious institutions, so I will refrain from stating an opinion. I just want to point at the parallels to similar exceptions. You already mentioned teachers, physicians and therapists and there are also journalists and lawyers. The exemptions for them are there for a reason and removing them from the clergy can and should also lead to questioning the other exemptions.

 

[SalixIncendium]

As I see it, if doctors are required to breach doctor-patient confidentiality to report such crimes, the same should hold true for clergy-penitent privilege.

 

[Subduction Zone]

As someone who's worked with kids, as someone with a moral compass and conscience, it is a problem and evil that some give clergy an exemption from a duty and responsibility that comes with being in a positionof authority and guidance and taking care of people.

Hmm, I don't know. At one point it was so bad that it seemed the Catholic clergy could have invoked the 5th Amendment against self incrimination. What kids? Where? . . . Oh, those kids. See ya!!! (whoooosh)

 

[Heyo]

Hmm, I don't know. At one point it was so bad that it seemed the Catholic clergy could have invoked the 5th Amendment against self incrimination. What kids? Where? . . . Oh, those kids. See ya!!! (whoooosh)

With the RCC it was so bad that revoking the secrecy of the confession wouldn't have made a big difference. It's not that the higher ups only knew about the abuse through confession and it's not only that they didn't report it. They systematically and actively supported the criminals by paying hush money or threatening the victims and then gave the criminals positions where they had all the opportunity to repeat their crimes.

 

[Revoltingest]

As someone who's worked with kids, as someone with a moral compass and conscience, it is a problem and evil that some give clergy an exemption from a duty and responsibility that comes with being in a positionof authority and guidance and taking care of people.

The clergy have long had a vested interest
in keeping child abuse secret. They've had
great power in twisting the law to serve
this need.

 

[Twilight Hue]

As I see it, if doctors are required to breach doctor-patient confidentiality to report such crimes, the same should hold true for clergy-penitent privilege.

It's a good point. Especially in light the abuse won't stop unless an intervention occurs that stops what can be only an ongoing and continuous nightmare for the victim.

Anyone who places themselves into the category as compassionate and/or godly should reflect on the station of their vocation and compass.

 

[idea]

I left the Mormon church because of child abuse. Yes, they cover up child abuse. Yes, molesters hold leadership positions inside the Mormon church. Yes, they use elevation emotion - aka the spirit- to emotionally manipulate members. Wolves in sheep's clothing.

 

[ppp]

They absolutely should NOT be excluded from reporting abuse.

These institutions are the last places that should be exercising authority on the matter too.

If anything, clergy should have a higher level of duty to report.

 

[Dao Hao Now]

It's a good point. Especially in light the abuse won't stop unless an intervention occurs that stops what can be only an ongoing and continuous nightmare for the victim.

Anyone who places themselves into the category as compassionate and/or godly should reflect on the station of their vocation and compass.

In this case it appears it was 3 out of his 6 children who brought the suit, one of which he began abusing when she was a mere 6 weeks old.
This is after his confession and during the 7 years he continued to abuse his other children with the church being aware of it.

It’s obvious the perpetrator had a problem.
It seems his confession should have been seen as a cry for help, not only for his children but also perhaps himself.

Not only did the church fail to protect the children ( which I would venture to guess were also part of the “flock”), but it could be easily argued that they failed him as well.
It seems the only entity “protected” here was the church.

 

[InChrist]

I came across this report of a lawsuit filed against a church for not reporting child sexual abuse they were knowledgeable about and were aware was ongoing for years.

It was thrown out based on a loophole in state reporting laws;
“Church defendants were not required under the Mandatory Reporting Statute to report the abuse of Jane Doe 1 by her father because their knowledge of the abuse came from confidential communications which fall within the clergy-penitent exception,”

“The AP found that 33 states exempt clergy of any denomination from laws requiring professionals such as teachers, physicians, and psychotherapists from reporting information about child sex abuse to police or child welfare officials if the abuse was divulged during a confession.”

I would be interested in the opinions of those who attend religious institutions if they are OK with these exemptions and why?

I think exemptions are unacceptable. All abuse situations should be dead with and reported. Churches are supposed to be protecting the innocent, not hiding or condoning sinful, abusive behavior.

 

[loverofhumanity]

I came across this report of a lawsuit filed against a church for not reporting child sexual abuse they were knowledgeable about and were aware was ongoing for years.

It was thrown out based on a loophole in state reporting laws;
“Church defendants were not required under the Mandatory Reporting Statute to report the abuse of Jane Doe 1 by her father because their knowledge of the abuse came from confidential communications which fall within the clergy-penitent exception,”

“The AP found that 33 states exempt clergy of any denomination from laws requiring professionals such as teachers, physicians, and psychotherapists from reporting information about child sex abuse to police or child welfare officials if the abuse was divulged during a confession.”

I would be interested in the opinions of those who attend religious institutions if they are OK with these exemptions and why?

Clergy are just very ordinary people who should come under all laws. If they knew, then they were complicit and should be charged with a criminal offence.

 

[Heyo]

Clergy are just very ordinary people who should come under all laws. If they knew, then they were complicit and should be charged with a criminal offence.

Clergy, at least Catholic Priests, are also counsellors. And their exceptional status refers only to things they come to know of in that capacity. What they learn during counselling/confession are protected secrets, just as things you tell your therapist.
Now, you may question whether they are qualified to be counsellors or if they should lose that status due to their history.

 

[loverofhumanity]

Clergy, at least Catholic Priests, are also counsellors. And their exceptional status refers only to things they come to know of in that capacity. What they learn during counselling/confession are protected secrets, just as things you tell your therapist.
Now, you may question whether they are qualified to be counsellors or if they should lose that status due to their history.

When a crime has been committed I don’t believe anyone has protected status. Criminals should have no sanctuary or refuge to flee to. I firmly believe that those who harbour criminals no matter who they are should be prosecuted. Committing a crime doesn’t make one immune from prosecution just because they told someone.

Privacy and confidentiality should not protect criminals just like freedom of speech does not mean freedom to make racist comments. There must be just boundaries that protect the innocent and expose the guilty. However, we don’t live in a society based on justice but based on corruption of justice.

 

[McBell]

I came across this report of a lawsuit filed against a church for not reporting child sexual abuse they were knowledgeable about and were aware was ongoing for years.

It was thrown out based on a loophole in state reporting laws;
“Church defendants were not required under the Mandatory Reporting Statute to report the abuse of Jane Doe 1 by her father because their knowledge of the abuse came from confidential communications which fall within the clergy-penitent exception,”

“The AP found that 33 states exempt clergy of any denomination from laws requiring professionals such as teachers, physicians, and psychotherapists from reporting information about child sex abuse to police or child welfare officials if the abuse was divulged during a confession.”

I would be interested in the opinions of those who attend religious institutions if they are OK with these exemptions and why?

Seems rather obvious to me.
Clergy are not professionals.

 

[Heyo]

When a crime has been committed I don’t believe anyone has protected status. Criminals should have no sanctuary or refuge to flee to. I firmly believe that those who harbour criminals no matter who they are should be prosecuted. Committing a crime doesn’t make one immune from prosecution just because they told someone.

Privacy and confidentiality should not protect criminals just like freedom of speech does not mean freedom to make racist comments. There must be just boundaries that protect the innocent and expose the guilty. However, we don’t live in a society based on justice but based on corruption of justice.

If client lawyer privilege, client physician privilege, client counsellor privilege wouldn't exist, who would tell anyone anything truthfully? The idea behind this is that the professional can help the criminal to make the right decision without being themselves part of law enforcement.