Challenges to seal of confession attributed to clergy sex abuse scandals

WASHINGTON (DC)
Catholic News Service

June 16, 2019

By Chaz Muth

Church scholars assert the concept of the seal of confession was given to the apostles by Jesus, eventually morphing into the sacrament of penance, providing the faithful with an opportunity to confess their sins and to be reconciled with God.

The soul-cleansing, sacred practice is private, confidential and repeatable.

Governmental leaders have challenged the priest-penitent privilege of the seal of confession since at least the 14th century, prompting priests to sacrifice their freedom and sometimes their lives protecting that confidentiality.

In the wake of renewed attention on the clergy child sexual abuse scandals, 21st-century lawmakers in Australia, the United Kingdom, Ireland, Chile, and the U.S. have introduced measures that would compel priests to report to civil authorities information related to child abuse and neglect learned in the confessional.

“There are many reasons why we are seeing challenges to the seal of confession today,” said Father Ronald T. Kunkel, theology professor at Mundelein Seminary at the University of St. Mary of the Lake in Illinois, near Chicago.

The Church has suffered “self-inflicted wounds” to its reputation and credibility from the clergy sex abuse crisis, making the seal of confession vulnerable to governmental intrusion, Kunkel told Catholic News Service in an April interview.

“There have been terrible sins and crimes that have been committed, including by members of the hierarchy,” he said. “But, I think in many cases this is being used as an excuse in order to further marginalize the Church in our society today.”

That reaction has been echoed by countless theologians, canon lawyers, priests and penitents throughout the U.S., particularly in California, where a bill is making its way through the state legislature that attempts to amend its mandatory reporting laws to require priests to provide civil authorities with information about child abuse or neglect confessed by priests or co-workers during the sacrament of penance.

Critics of that legislation, S.B. 360, call it governmental overreach that clearly violates religious freedoms enjoyed in the U.S., as well as its tradition of separation of church and state. Some also fear that authorities could send someone in to confess to abuse in order to prosecute the priest for failing to report it.

Supporters of the California bill say it closes a loophole in a law that provides cover for pedophile priests – and other criminals – who receive absolution from the sin of child sexual abuse without being held accountable by society. They believe it emboldens such penitents to continue to victimize others.

Laws making it an offense for a priest’s failure to report the confessions of child sex abuse have already been passed in three Australian states and similar acts are being considered in Chile.

“I think it’s worth noting that the mandatory reporting statutes, the clergy-penitent privilege, and the seal of confession, these three doctrines if you will, are all in tension with each other,” said Mary Graw Leary, a professor of law at The Catholic University of America in Washington and a former prosecutor specializing in the abuse and exploitation of children and women. “They all serve very positive social goods. But, these kinds of circumstances bring them in tension with each other and it’s a very difficult problem to solve.”

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