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	Priest Can't Be Prosecuted for Failing to Report Abuse By Mark Buttler Herald Sun February 28, 2008 http://www.news.com.au/heraldsun/story/0,21985,23287479-2862,00.html A MELBOURNE priest did not report a child sex abuse confession by a parishioner who went on to strike again. But clergymen are not subject to mandatory reporting laws and the priest will not be charged. The case has stirred debate over the role of the church in handling confessions by lawbreakers. The allegations came to light when a Croydon man recently went to a police station and told officers he had sexually assaulted his daughter, believed to be aged four. It is believed he told police it was the second time he had molested his daughter. The young father told investigators that after the first attack several years earlier, he confessed to a priest at a small evangelistic Christian church in the eastern suburbs. He alleged the churchman advised the family to stay with him for some weeks. It is claimed the priest then told the man he and his family could return to their home. Police were not notified. The man has since appeared in Melbourne Magistrates' Court, charged with sex offences and is expected to face court again next month. Detectives are expected to speak to the priest over the father's version of events. A Victoria Police spokesman said the force could not comment on the case. It is unclear under what circumstances the priest was told of the child sex attacks. But the case has 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 Father Bob McGuire said in theory a priest offering his own help would be the right course of action. But in practice, this was relinquishing responsibility. He said priests were not qualified to handle such sensitive matters. "It may not be legally mandatory reporting (for priests), but it would be morally mandatory reporting -- even if it was my brother," Father McGuire said. "It's a civil society's expectation." Bernadette McMenamin, of child abuse prevention group Childwise, said priests should be covered by the same mandatory reporting rules. "With all good intentions, offenders have been protected by churches," she said. "There's been protection for incredibly naive reasons. These people don't understand the dynamics of sex offending. "You cannot investigate it and handle it yourself. "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."
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