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	Actions of Church Defended in Abuse Case By Amy Milne and Jared Morgan Southland Times July 19, 2008 http://www.stuff.co.nz/stuff/southlandtimes/4623273a6011.html A church acted within the law when dealing with a former member found guilty of child abuse, despite criticism levelled at it by a district court judge, a church spokeswoman said. The Church of Jesus Christ of Latter Day Saints was criticised for trying to deal with sexual offending by Raphael Guiseppe Caccioppoli, 37, who was sentenced to five year's jail when he appeared in the Invercargill District Court on Thursday. Caccioppoli had been a member and Sunday school teacher with the church. He appeared for sentence on indecency, sexual and violence offences before Judge Robert Wolff who blasted the church. Defence counsel Bill Dawkins said in court his client had disclosed details of his offending to his church as early as a month after he committed an indecent act on a 12-year-old boy in 1998. Church public affairs director Melanie Riwai-Couch said yesterday Invercargill church leaders acted as soon as they became aware of Caccioppoli's offending. However, the law in New Zealand prevented the clergy from disclosing information from a confession, she said. She refused to be interviewed by telephone, but said in a series of e-mails church leaders could only advise Caccioppoli to go to the law himself. The church's sexual abuse policy, published on its international website, says the church would direct its members to contact legal authorities in a situation like this, then their local bishop for counselling and support. The church would co-operate fully with law enforcement in investigating child abuse. Ms Riwai-Couch refused to discuss whether Caccioppoli had been directed to go police, saying that would be highly inappropriate and illegal, but added that would be "normal practice". She could not comment on Caccioppoli's submission made to the court that he contacted a church officer in 1998 about his offending because "there is not sufficient detail about the circumstances of that meeting". Ms Riwai-Couch has yet to confirm if Caccioppoli worked as a Sunday school teacher. Otago University Department of Theology and Religious Studies associate professor Murray Rae said the ministerial relationship stopped them from going to police. "But it is their (the church's) responsibility ... to encourage that option — for the person themselves (to go to police)." The exception was when the minister believed there could be danger if the offending was not reported. Churches were responsible for protecting victims, Dr Rae said. Protection could include not putting children or adults in a position where they may be vulnerable, such as having them as a Sunday school teacher. University of Otago associate professor of law Donna Buckingham said the relationship between clergy and parishioner was legally protected and inadmissable in court. "It's set in concrete in the Evidence Act 1996." The privilege was similar to that shared between doctor and patient or solicitor and client, Dr Buckingham said. Caccioppoli had admitted to 13 charges, including seven of performing an indecent act, one each of sexual violation, indecent assault, committing an act of indecency on a dog, and two of assault between October 1990 and July 2007.
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