In 2006, a Crystal Lake man confessed to the leaders of his church that he was sexually abusing a 6-year-old girl.
It was not that confession, however, that McHenry County Judge Mark Gerhardt considered when convicting the two church elders of violating the state’s mandated reporter law.
Instead, he relied on information provided to Michael M. Penkava, 72, and Colin Scott, 88, elders at the Kingdom Hall of Jehovah’s Witnesses in Crystal Lake, by another congregant, sidestepping the question of whether the man’s confession was protected by the First Amendment and the doctrine of clergy-penitent privilege, which protects confessions from further disclosure.
The confession of a serious and ongoing crime puts a pastor in a “tight spot,” said the Rev. Mark Buetow of Zion Lutheran Church and School in McHenry.
Confessions between a church member and pastor are sacred, he said, but in the case of child abuse, the child…
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