Queensland Forces Catholic Priests to Report Child Sex Abuse Heard in Confession Hemant Mehta

Priest-penitent privilege. The clergy-penitent privilege, clergy privilege, confessional privilege, priest-penitent privilege, pastor-penitent privilege, clergyman-communicant privilege, or ecclesiastical privilege, is a rule of evidence that forbids judicial inquiry into certain communications (spoken or otherwise) between clergy and.
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The identity of the penitent—if the priest knows it—must also be kept confidential. No one—not even public officials, law enforcement, judges, nor a superior—no one can legitimately demand information about a person's confession from a priest. The priest is obliged to keep the seal, even if he is threatened with prison, torture, or death.
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Usually, the exception for those secular professionals is to do with present or future crimes, e.g. the client is a fugitive or plans to commit some crime in the future. This then is the relevant difference for Catholic priests (and I guess religious professionals in general) : In fact, Catholic priests have the same obligations for past crimes.
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My deacon said that if a person confessed a sin that was yet to be committed such as killing someone, then the priest was bound by law and conscience to report the uncommitted crime; otherwise he would have to live with a troubled conscience for not having attempted to prevent it.
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Often, the priest would advise the person to tell the police about their crime or to tell the priest about it outside the confessional, which would then require the priest to report it.
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While a priest may not oblige a penitent to turn himself in as a condition for receiving absolution, priests can encourage the penitent to report crimes to the proper authorities. The clergy-penitent privilege is the recognition of the proper relationship between church and state and the constitutionally protected right to free exercise of religion.
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Others agree that priests have a duty to report cases of abuse, even if that means breaking the confessional seal—and it is not only politicians who hold this view.
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The law makes the world's 415,000 Catholic priests and 660,000 religious sisters mandated reporters. That means they are required to inform church authorities when they learn or have "well-founded.
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The sacramental seal is inviolable. Quoting Canon 983.1 of the Code of Canon Law, the Catechism states, ".It is a crime for a confessor in any way to betray a penitent by word or in any other manner or for any reason" (No. 2490). A priest, therefore, cannot break the seal to save his own life, to protect his good name, to refute a false.
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Mandatory reporting laws that exclude priest-penitent confidences face an additional hurdle in states that have enacted Religious Freedom Restoration Acts.The laws require courts to prohibit.
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At the same time, however, a confessor is forbidden to go to the police with specific information about a penitent which he had learned during a confession. If, for example, a person confesses that he is the serial killer who is being sought by the authorities, and the priest recognizes his identity, he cannot contact the police and reveal it.
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There is scope for conflict with civil law. In the United Kingdom, it is not normally an offence not to report criminal activity, but terrorism, money-laundering, treason and the failure to lawfully dispose of a body must be reported. A priest who hears such a confession is bound by civil law to report the crime and by canon law not to do so.
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A priest, therefore, cannot break the seal to save his own life, to protect his good name, to refute a false accusation, to save the life of another, to aid the course of justice (like reporting a crime), or to avert a public calamity.
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First, it's important to note that the seal of confession forbids the priest from sharing such information with the authorities—or with anyone for that matter. The Code of Canon Law tells us that the seal is "inviolable" (can. 983.1), and if a priest were to break the seal (intentionally share the information), he would incur an.
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No, they are not permitted to report the crime. They are not even allowed to require the penitent to report the crime. Both are grave offenses under canon law. The priest should be willing to die rather than violate the seal of the confessional. Priests are mandated reporters outside of confession.
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SB 360 would have required reporting when an admission of sex abuse arose in "penitential communications" between two clergy members or between a clergy member "and another person that is employed.