Abuse confessions could see clergy charged

By Megan Neil
news.com.au
August 14, 2017

http://www.news.com.au/national/breaking-news/new-child-abuse-reporting-laws-needed-rc/news-story/27f3036d5e68a575927a2aa785d79abb

The child abuse royal commission wants a new crime of failing to report child sexual abuse in institutions, including for those people who should have suspected the abuse.

The commission says the importance of protecting children from sexual abuse means there should be no exemption for clergy over information received during a religious confession, despite the Catholic Church believing the confessional seal must not be violated.

Australian Catholic Bishops Conference president, Melbourne Archbishop Denis Hart, says confession is a fundamental part of the freedom of religion that must continue to be recognised by Australian law.

"Outside of this all offences against children must be reported to the authorities, and we are absolutely committed to doing so," Archbishop Hart said in a statement.

The commission has heard of perpetrators who confessed to sexually abusing children and went on to reoffend and seek forgiveness again, it noted in a wide-ranging report calling for reform of Australia's criminal justice system.

"We are satisfied that confession is a forum where Catholic children have disclosed their sexual abuse and where clergy have disclosed their abusive behaviour in order to deal with their own guilt," the commission said.

The CEO of the Catholic Church's Truth Justice and Healing Council, Francis Sullivan, expects a number of clergy will be very conflicted if it becomes law.

He said if parliaments bring in the new law then priests, like everyone else, will be expected to obey the law or suffer the consequences.

"It will be on their head if they don't," Mr Sullivan said on Monday.

Sydney's Catholic Archbishop Anthony Fisher has likened breaking the seal of confession to bugging the confessional.

Mr Sullivan said part of the forgiveness process under the sacrament of confession would normally require a child abuser to turn themselves into police, adding the priest can insist this is done before dispensing absolution.

The commission said it does not accept encouraging abusers to self-report is sufficient to protect children from the risk of harm of abusers seeking absolution for their actions.

"The risk to children of perpetrators of child sexual abuse going unchecked, or religious confession enabling a pattern of ongoing offending, is not displaced by the uncertain gain of perpetrators receiving guidance or possibly being persuaded to report to the authorities in religious confession."

The Anglican Church's doctrine commission has warned maintaining absolute confidentiality leaves priests and bishops open to manipulation by unscrupulous offenders and recommended the seal be removed for confessions of child sexual abuse.

The failure to report offence would apply if a person at an institution knows, suspects or should have suspected a child is being sexually abused by an adult in their institution.

The royal commission pointed to evidence from a number of senior representatives of institutions effectively denying they had any knowledge or suspicion of abuse being committed "in circumstances where their denials are very difficult to accept".

The commission wants all jurisdictions to have a failure to protect crime, given evidence that perpetrators continued to abuse children after being moved between the institution's schools or other sites following allegations.

It also wants the law changed to allow greater use of evidence by multiple victims and more joint trials in child abuse matters.