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Controversy over mandatory reporting of confession

Published: February 28, 2008

Controversy has erupted once again over whether priests and religious leaders are subject to mandatory reporting laws after a "priest" at an evangelic Christian church in Melbourne did not report a child sex abuse confession.

The Herald Sun reports the priest will not be charged over not reporting the assault despite the pentinent striking again.

The case has stirred debate over the role of the churches in handling confessions by lawbreakers and raised questions about whether religious leaders should be subject to mandatory reporting obligations.

Teachers, doctors, nurses and other professionals are legally bound to report suspected sex abuse cases.

Social commentator Fr Bob McGuire (pictured) said in theory a priest offering his own help would be the right course of action.

However, in practice, this was relinquishing responsibility.

"Priests are not qualified to handle such sensitive matters," Fr McGuire said

"It may not be legally mandatory reporting (for priests), but it would be morally mandatory reporting - even if it was my brother.

"It's a civil society's expectation," he said.

Child abuse prevention group Childwise's Bernadette McMenamin said priests should be covered by the same mandatory reporting rules.

"With all good intentions, offenders have been protected by churches," she said.

"I believe everyone should report abuse. It's their moral duty. If it takes mandatory reporting to make sure, that's how it will have to be."

SOURCE

Priest can't be prosecuted for failing to report abuse (Herald Sun 28/02/08)

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Father Bob MacGuire

 

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Recent Comments

  1. Isn't it true that a Priest may refuse absolution unless the penititent is sorry and makes restitution for a crime? If so, he is able to make the reporting a condition of absolution as this would be proof of the penitent's genuine sorrow and desire to make restitution and gain healing.

  2. under the catholic church rule how would the authorities know who confesses what.

  3. Priests in confession can offer advice re child abuse. The unique value of confession would be lost if mandatory reporting was compulsory for priests.

  4. Could the beginnings of a solution be that the priest withhold absolution until the confessing one - not the confessor as the penitent was inaccurately called in the article - has voluntarily handed himself in. Of course the penitent could refuse and the tension then remains. Absolution should not be given when there is a refusal - not an inability - to make restitution in other cases. While the two cases aren't identical, there is a similarity and if this were known to be the position it may help to reduce the tension. What I've said is just a start to seeking a solution to the problem. Perhaps it's still too bound within old categories.

  5. Any Priest reporting what they were told in Confession would and should be excommunicated. This has long been the law of the Church no matter what controversial Priest Fr Maguire says. He is a loose cannon doing great damage to the Church and should stick to running his parish.

  6. I don't agree with the tenor of comments being made. I believe the priest's obligation is to counsel the penitent to change his/her life in ways that help him or her to stop sinning in this way, and I also think the penitent should be instructed to report the offending to the civil authorities. Absolution should be subject to the penitent making a commitment to take such a course of action.

  7. Of course priests who hear confessions ( a most sacred sacrament ) should never be made to reveal to anyone what has been told to him , EVER !
    Any good priest would hopefully suggest to the confessor to give himself up and to seek help .
    Being a priest and loyal servant of God is becoming more and more difficult in this day and age.
    May all catholic people support their priests with heart and soul.

  8. Surely the priest has the option to instruct the penitent to report themselves to the police. The priest can deny absolution if this condition is not carried through - a conditional absolution maybe?

  9. Absolutely not. Not enough people go to confession as it is. To mandate that priests report ANYTHING that is said in the confessional is totally wrong. Priests are not cops.

  10. The sacramental system of any church, including confession is not defined or controlled by opinion. While the matter of child sex abuse is very serious, reporting it cannot be enforced against the conscience and moral practice of any faith. When public school principals are held to the same standards of reporting the over 200,000 cases of child sex abuse in the public schools in the past 10 years, that Ms McMeniman demands of pastors, then we can come to a mutual understanding of the depth and seriousness of the this socially skewed issue. One need only turn on channel tv to see countless "stories" of teenage encounters with married women, men and younger teens. It is handled as the status quo of our society, but continually attacked as soley a church related issue. There is a need for some integrity not only on the part of those legislators who pretend to protect children and the reality that teachers' unions control legislators and govenors on the issue of non reporting a teacher, and when they do there is a cap on the settllement amount, if the case is ever even brought to the public eye. GOd have mercy on our disingenuousness and denial.

  11. I don't think a priest should reveal anything that is said to him in a confessional. As a practising catholic for the past 50 years, it is my belief that what is said in confession is between myself and God, the priest is only acting in behalf of our Lord Jesus in absolving us of our sins. Regardless of the severity of the sin or crime it should never be revealed by the priest. God bless...

  12. The Nazis wanted to control everything and everyone. The nanny state is attempting to do the same thing in the guise of misplaced compassion. Tolerance for everything except religious beliefs is an example which is now corrupting the minds of the young in public schools. Now the state is looking to trample religion and its laws? Do they know Who they are making war with?? KEEP THE STATE OUT OF THE CONFESSIONAL, THAT IS GOD'S TERRITORY.

  13. Priests in confession can absolutely demand protection and send the penitent to a counsellor. Also they can warn of the grave consequences. Genuine sorrow and the willingnesss to confess shows the person can be worked with but needs the fear of God to reach out for additional correction. They must understand it is never permissible to harm others and this must be ended. Without proper dispositon and firm intention never to sin again they are not to receive absolution. The after affect of sin is that we owe a debt to Divine Justice.We must make restitution and amend our ways. It isn't enough to confess it, there is more to be done.A person who does this must seek help, they must go to a clinic or place that can help their psychological need to harm others. Sexuality misused is very dangerous to all society.Priests must be ready to send people to the proper programs needed. And they must try to have follow up confessions or not absolve. God is forgiving but not accepting ignorance on either part priest or penitant.This is the wave of the future. Repent, plea for Mercy and make amendment, change then restitution to the victim. Sin no more says the Lord.

  14. In confession, the priest's only obligation is to the sinner, and not to society. He is acting in persona christi and not as a social worker, friend, or therapist. He could make absolution contingent upon the sinner going to authorities, but over all the priest is working as an instrument of God's mercy. Requiring a priest to report confessions to authorities sets a rotten precedent, and could keep an abuser from the confessional altogether.

  15. If the penitent chooses to confess anonymously behing a screen ( we have gone back to this at my parish) the priest wouldn't know who the penitent was to begin with and could still make it a condition of absolution that the penitent turn himself in.

  16. Fr. McGuire said, "Priests are not qualified to handle such sensitive matters," [referring to child sex abuse]. Priests are more qualified than anyone. Their responsibility is to tell molesters that there is a place in hell for them if they don't confess and truly amend their lives. The big missing piece is that priests are our guide to heaven or hell; they are not therapists/counselors/psychologists.

  17. Confession is a sacred sacrament, in no way the Priest should be subject to tell about a sin confessed to Him...what he should do is tell the penitent he must turn himself in and take the consequences of his actions and then the absolution would be done...we sin, we confess, we are to ammend or make restitution the best way we can..

  18. It might help the priests if confession wasn't done face to face. I think there was a good reason for the anonymity of the traditional confessional booth. The priest didn’t have to put a face, a name, an address, etc. to the sinner.

  19. Okay, so now only CATHOLIC offenders should be prosecuted with the help of the clergy. All other offenders are exempt. Makes TONS OF SENSE!

  20. Absolutely should NOT be reported, For the one confessing this is a bond between the penitent and GOD.

    and kudos to John Evans I believe you say it perfectly.

  21. For centuries this hasn't been a problem and now it is? If this isn't a violation of the freedom of religion then I don't know what is! This is a Sacrament of the Church and has been so for 2,000 years!

    The Priest must obey God over such an obvious violation by government. Anyone ever see Hitchcock's, "I Confess"?

  22. When the offender goes to confession and confesses a terrible crime, then the priest should give the criminal, as their PENANCE, the requirement to go to the authorities and report what they've done!! Problem solved.

  23. Fr Bob McGuire is not thinking with the mind of the Church but with the mind of world so his opinion is worth naught on the subject. A Priest with valid orders cannot divulge anything from the box - else risk loss of his immortal soul.

    "morally mandatory reporting?" - based on whose morals? The State?

    Give thou me a break.

  24. "I believe everyone should report abuse. It's their moral duty. If it takes mandatory reporting to make sure, that's how it will have to be." - And the Bishops united With the Holy Father can just as politely reply

    "Goest Thou to Hell"

  25. The seal of confession should never be tampered with. A good priest who hears such a grave and sinful confession doesn't give the sinner a templated 5 'Our Fathers,' but instead assures him/her of the love of God, and God's want for this individual to eventually be with Him in heaven. The priest must inform him/her that this requires a change of heart and will include a long and difficult spirtual and sometimes physical battle. The sinner needs to have that assurance and trust in the priest that he will continue spiritual direction and aid in overcoming these temptations. I believe it was St. Augustine who once stated, "But for the Grace of God, there go I." On a personal note, I didn't physically murder anybody, but had strayed for a long time from the Church all the while committing just about all the sins in the Book. I remember sweating and weeping as I confessed to the priest things which I had never told anyone else. I knew about the seal of confession and I honestly wanted to be freed of the chains. I was afraid and emotional, but I followed the priest's recommendations and penance. I remember that evening extremely well and have since made a complete 180 degree turn by the Grace of God. I have heard it said that as part of the penance, hence absolution of the sin, a priest cannot require the sinner to turn themselves in or repeat their confession outside the Sacrament. It might have been Fr. Trigilio but I could be wrong.

  26. Lawyers do not have to report abuse. In this secular world of no GOD, what is happening is that the church is being systematically taken apart piece by piece. The Church needs a stronger character. Being lukewarm was despised by Jesus, but his teachings are being overlooked even in the Church. The Church's demise is being calculated piece by piece. It is getting weaker & weaker.

  27. To John Evans: A priest may not ask nor order a penitent to reveal his or her sin to anyone. A priest is not allowed by canon law to make anyone divulge their sin to a third party. Confessing to authorities cannot be a condition for absolution.

    What is required for absolution is true sorrow for sins committed and a firm purpose of amendment that says, with God's grace, I will try not to commit the confessed sins (or any sin) again.

  28. It's true, (a fact!) that a priest can withhold absolution for a confessed crime, unless & until the penitent turns him/her self in to the proper authorities. Forgiveness rests on willingness to admit to a deed. The "unforgivable" sin is that one that is not acknowledged. Logic, pure & simple. That said, the priest cannot reveal the info himself. It's NOT the priest at fault here, it's the perpetrator! We live in a culture & time that is morally illiterate & all ethics are situational. That kind of society always confuses what is 'bad' & 'good' based on feelings of the moment. There is no clarity!!

  29. I belive the priest cannot reveal the confessions he has heard. Nor can he reveal the crimes mentioned in the Confessional.

  30. I will require the penitent to report to the police before giving absolution.

    The seal is not conditional.

  31. Attorney client privilege...it's no different. Priests are bound by the Church to speak to no one regarding a penitent's confession. To expect any different is nothing more than anti-Catholic bigotry. If police and courts did their jobs far fewer offenders would be allowed back on the streets in the first place. And families and schools need to be the first line of defense against these crimes. Besides, priests don't often see the faces of their penitents.

  32. It would be absolutely horrific if a penitent going to Confession in which the priest is only the instrument of God's mercy and the soul is cleansed by the Blood of Christ were to be betrayed by the priest. Who would go to Confession if the priest were a Judas?

  33. now exactly how would the priest ID the criminal ?

    ........and how would the authorites know that a priest heard this crime confessed ? that the criminal isn't also a bona fide psycho making it up ?
    did the perp go and state that he went to father so-and-so ???
    How would they prove this ?
    total antiCatholic scatology.

  34. Hi

    I do not believe a priest should be required to report anything they become informed of in the confessional. They also have a vow of silence.

  35. "confession" is ALWAYS a private matter between the penitent and God (the confessor is bound under the "seal of confession" to not ever reveal anything in a confession . . . this sacrament falls under a completely different category than any other so called "professional relationship" . . . it is sacred . . inviolable . . . a priest who would reveal ANY confession of any sort faces excommunication . . . and to ever reveal any confession would jeaopardize the right of ANY penitent (regardless of his sin or guilt) from ever seeking out the greace and forgiving mercy of Jesus . . .

    whether or not the penitent is "truly repentant" remains a matter always between the penitent and God . . .

    priests are intermediaries between God and man . . and act in the person of Christ . . . they are not and never will be agents of any government . . . or other professional agency. . .

    the priest can always recommend to an individual that he/she seek out professional help . . . but never has the right (let alone duty) of doing that in his stead . . .

  36. This is the last vestige of Catholic sacramental privacy. If the anti-Christian left can win this battle, there is little left for anyone seeking true repentance and forgiveness. The only forgiveness offered by the "legal minded community", is a law suit in which they get huge financial settlements for any cause, which for now is the sexual abuse issue. In Milwaukee, a lawyer who professed to "care deeply for the rights of sexual abuse victims", quickly dropped the cases when they did not have large financial settlements attached to them. So much for care and concern! The priests, ordained by their given churches, still hold the one key to salvation, absolution and forgiveness. Yes, it is the responsibility of the Confessor to exhort the penitent to seek professional help and cease the sinful behavior, but the confessional is not a Nazi courtroom in which the media, lawyers or others define or control how the sacrament is celebrated and how the penitent is treated. Tell the ACLU what issues they can or cannot object to and you will see an outcry of conflict of civil rights. THis is an internal Church issue and is not the venue of any reporter, lawyer or anti-Catholic malcontent. Thank you

  37. Confession was the criminal's second mistake. Such a foolish practice for people to "sin", step in a box, talk to a screen, step out and do it all again. If we see a crime on the street and don't report it, we've broken the law. So did the priest.

  38. Of course he should tell the cops there's too many sick freaks out there getting away with crimes such as pedophilia and rape who think it's ok as long as they walk into church every Sunday and say sorry, then walk out and do it again

  39. It is sad that there are so many stupid people in the world. Everyone should be mandated to report child sexual abuse EVERYONE! Walk in another person's shoes who has been abused or had a child who was abused and you would know the truth. It is sad that some people hide behind their religion. Religion is the root cause of every problem ever created on this planet.

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